TCJL Legislative Tracking Report 2-24-23

TCJL Tracked Bill List
Friday, February 24, 2023

The bill filing period closes on Friday, March 10.
To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx

New bills and actions appear in red. Please note the addition of bill referrals to this week’s report.

TCJL Legislative Priority Bills

HB 2384 by Leach (R-Plano):

• Requires a judicial candidate’s ballot application to include the candidate’s bar number, to disclose any public sanction or censure or disciplinary sanctions in Texas or another state, to state for the previous five-year period the nature of the candidate’s practice, any legal specialization, the candidate’s professional courtroom experience, and any final conviction for a Class A or B misdemeanor in the past 10 years. Further requires candidates for appellate courts to describe appellate court briefs and oral arguments for the past five years.
• Makes public any sanction against a judicial candidate for making a false declaration on the ballot application.
• Directs the Supreme Court to adopt rules on judicial training a judge must complete within one year of election to the bench. Requires the rules to provide a minimum of 30 hours of instruction on the administrative duties of the office and substantive, procedural, and evidentiary law. Requires a further 16 hours of continuing education annually. Requires the Judicial Conduct Commission to suspend a judge who does not complete the training.
• Provides that a judge who is noncompliant with the education requirement for more than one year engages in “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” sufficient to subject the judge to removal from office under Art. V, § 1-a, Texas Constitution.
• Directs the director of Office of Court Administration (OCA) to develop standards for identifying courts that need additional assistance to promote the efficient administration of justice.
• Directs the OCA to include disaggregated performance measures for each appellate, district, statutory county, and county court as part of its annual performance report.
• Directs OCA to report the annual clearance rate for each trial court.Directs local district grievance committees to sanction attorneys that make false declarations on a ballot application. 
• Directs the Supreme Court to adopt rules establishing a specialty certification for attorneys in judicial administration and the Texas Board of Legal Specialization to make it available to judges. Provides that a judge who holds a specialty certification in judicial administration may be entitled to additional compensation if the legislature makes an appropriation for that purpose.

HB 2384 is TCJL’s top legislative priority this session. We believe that this legislation has the potential, over time, to do more to improve the administration of justice than any other proposal on this subject. By creating a more robust and uniform standard for judicial training and education, HB 2384 will equally benefit the courts, the litigants, and all Texans who are entitled to the highest level of skill and competence from their judges.

Permissive Appeals

HB 1561 by Smithee (R-Amarillo): Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under an abuse of discretion standard.

New Causes of Action

HB 18 by Slawson (R-Stephenville): Adds Chapter 509, Business & Commerce Code, to require a digital services provider (a person who owns or operates a website, app, program, or software that performs collection or processing functions with Internet connectivity) to “prevent physical, emotional, and developmental harm to a minor (e.g., self-harm, substance abuse, bullying, sexual exploitation, marketing of illegal products, and predatory, unfair, and deceptive marketing). Prohibits a provider from collecting a minor’s personal identifying information without specific parental consent except under limited circumstances. Requires a provider to set the minor’s digital service to the strongest possible setting to prevent the minor from harm. Requires the provider to give consenting parents tools to monitor and control the minor’s use of the service. Requires the provider to permit parental access to the minor’s personal identifying information. Requires the provider to disclose each advertiser on the service and whether and how it uses algorithms. Bars the provider from limiting or terminating a minor’s service because the minor or minor’s parent withdraws consent. Creates a cause of action by the minor’s parent or guardian against the provider for a violation for equitable relief, actual damages, punitive damages, attorney’s fees, and costs. Provides that a violation constitutes an injury in fact to the minor. Makes a violation a DTPA violation as well. Referred to House Select Committee on Youth Health & Safety on 2/23.

HB 319 by Oliverson (R-Cypress): Allows a person to decline to participate in a health care service for reasons of conscience. Exempts emergency care or, except as otherwise by Chapter 166, Health & Safety Code, life-sustaining treatment. Grants immunity from civil or criminal liability for a physician or health care provider who declines to participate in a health care service wholly or partly for reasons of conscience. Prohibits a person from taking adverse action against another person because the person declines to participate in a health care service for reasons of conscience, including licensure, certification, employment, staff appointments or privileges, and various other actions. Requires a health care facility to develop a written protocol for circumstances in which a person declines to participate in providing a health care service. Bars the protocol from requiring a health care facility, physician, or health care provider to counsel or refer a patient to another physician or facility. Establishes a complaint process at the appropriate licensing agency. Creates a private cause of action for injunctive relief, actual damages for “psychological, emotional, and physical injuries resulting from a violation of this law,” court costs, and attorney’s fees. Referred to House Public Health on 2/23.

HB 206 by A. Johnson (D-Houston)/SB 751 by Flores (R-Austin): Eliminates the limitations period (currently 30 years) for a personal injury suit arising from sexual offenses against a child. Referred to House Judiciary on 2/23.

HB 292 by Bernal (D-San Antonio): Grants authority to district and county attorneys to investigate price gouging under the DTPA. Splits recoveries between the county and the basic civil legal services fund. Referred to House Business and Industry on 2/23.

HB 515 by Meza (D-Irving): Adds Chapter 121, Business & Commerce Code, to require an original manufacturer of electronics-enabled heavy equipment, including parts for the equipment, sold or used in this state to make available on fair and reasonable terms to any independent repair provider or owner of such equipment; (1) documentation, replacement parts, and tools; and (2) documentation, replacement part, or tool necessary to disable and reset a lock when disabled in the course of diagnosis, maintenance, or repair of the equipment. Bars a provision in an agreement between an authorized repair provider and original equipment manufacturer purporting to waive or otherwise limit the original manufacturer’s obligation under the act. Does not require an authorized repair provider to make documentation, parts, and tools available for a fair and reasonable terms. Makes a violation a deceptive trade practice under Chapter 17, Business & Commerce Code. Referred to House Business and Industry on 2/23.

HB 515 by Meza (D-Irving): Adds Chapter 121, Business & Commerce Code, to require an original manufacturer of electronics-enabled heavy equipment, including parts for the equipment, sold or used in this state to make available on fair and reasonable terms to any independent repair provider or owner of such equipment; (1) documentation, replacement parts, and tools; and (2) documentation, replacement part, or tool necessary to disable and reset a lock when disabled in the course of diagnosis, maintenance, or repair of the equipment. Bars a provision in an agreement between an authorized repair provider and original equipment manufacturer purporting to waive or otherwise limit the original manufacturer’s obligation under the act. Does not require an authorized repair provider to make documentation, parts, and tools available for a fair and reasonable terms. Makes a violation a deceptive trade practice under Chapter 17, Business & Commerce Code.

HB 645 by Toth (R-The Woodlands): Bars a financial institution or business from using value-based criteria to discriminate against, advocate for, or give disparate treatment to a person, including the person’s social media activities, membership or participation in a group or organization, political affiliation or beliefs, current or former employer, or any other social credit, environmental, social governance, or similar value-based standards. Notwithstanding the above, allows a financial institution or business to uses value-based criteria if it discloses the criteria to a potential customer. Creates a no-injury cause of action against a financial institution or business and imposes liability for injunctive relief, $100,000 in statutory damages, and costs and attorney’s fees. Referred to House State Affairs on 2/23.

HB 689 by Rosenthal (D-Houston): Adds Chapter 100B, CPRC, to impose liability on a person who makes a false report to a law enforcement agency or emergency services provider with the intent that the agency or provider take action against the falsely accused person. Limits liability to $250 if the report was submitted due to bias or prejudice against the falsely accused person’s race, color, disability religion, national origin or ancestry, age, gender, sexual orientation, or gender identity. Allows a prevailing falsely accused person to recover costs and attorney’s fees. Referred to House Judiciary on 2/23.

HB 709 by Harris (R-Palestine): Prohibits a financial institution or other lender from discriminating against the customer in the price or rate for making a loan or extension of credit by basing the price or rate, wholly or partly, on a credit score, including a social credit score or an environmental, social, or governance score that is derived from “subjective or arbitrary” standards, including the customer’s social media posts, participation in the membership of an organization, political affiliation, or employer. Permits a lender to use a credit score if the lender discloses it and the customer agrees to it. Contains an exception for discontinuation or refusal of credit if it is necessary for the physical safety of employees. Imposes a civil penalty of $50,000 for the first violation and $250,000 for each subsequent violation, along with costs and attorney’s fees. Enforceable by the attorney general.

HB 450 by Craddick (R-Midland)/SB 501 by Hughes (R-Mineola): Creates a cause of action for a bad faith of an overriding royalty interest in an oil and gas lease. “Washout” means the elimination or reduction of an overriding interest by the forfeiture or surrender and subsequent reacquisition of an oil and gas lease by the same lessee). The standard for “bad faith” is knowing or intentional conduct. Remedies include actual damages, a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout, and costs and attorney’s fees. Two-year statute of limitations running from the time the claimant obtained actual knowledge of the washout. Referred to House Judiciary on 2/23. SB 501 referred to Senate Natural Resources/Economic Development on 2/17.

HB 872 by Gervin-Hawkins (D-San Antonio): Directs the executive commissioner of the Texas Health and Human Services Commission to adopt a rule requiring a manufacturer that sells a lip gloss or lipstick cosmetic to disclose a list of each ingredient and any toxic metal no matter the concentration.

HB 896 by Patterson (R-Frisco): Adds Subchapter C-1, Chapter 120, Business & Commerce Code, to prohibit a person aged 13 to 18 from using a social media platform. Requires social media providers to verify that accounts are held by persons older than 18 and to remove an account if requested by a parent. Makes violations of the subchapter a DTPA violation and authorizes the AG consumer protection division to bring enforcement actions.

HB 925 by Dutton (D-Houston): Creates a no-injury private cause of action in which any person may sue any other person for the manufacture, sale, transportation, distribution, importation, loan, or transfer of certain firearms and precursor parts. Applies both to direct violators and those who aid and abet a violation. Provides for equitable relief, statutory damages of $10,000 for each violation, and attorney’s fees and costs. Bars the award of attorney’s fees and costs to a defendant. Denies standing to a defendant from asserting the right of another to bear arms under the Second Amendment as a defense to liability. (Follows SB 8 to the letter.)

HB 982 by Toth (R-The Woodlands): Mandates a contract between a governmental entity and an entity (except a sole proprietorship) with 10 or more full-time employees with a value of $100,000 or more payable wholly or partly from public funds to require the contractor to verify in writing that it does not and will not during the term of the contract use prohibited ESG criteria to evaluate a business or investment strategy. Defines “prohibited ESG criteria” as environmental, social, and governance criteria that “furthers political policy at the expense of the Texas economy and company shareholders.”

HB 1031 by Slaton (Royse City): Imposes criminal liability on a manufacturer or distributor of a remote vehicle disabling technology that is capable of being activated or engaged by a motor vehicle manufacturer or governmental entity and installed on a light truck or passenger car. Violation is a state jail felony. Provides for license revocation of a person who violates the law.

HB 1100 by Julie Johnson (D-Dallas)/SB 611 by Johnson (D-Dallas): Requires a senior living facility to conduct criminal background checks on employees and to require contractors to conduct background checks on their employees who will have access to the facility. Requires the facility to report all criminal activity to law enforcement. Prohibits the facility from preventing or inhibiting a resident from communicating with law enforcement, family member, social worker, or other interested person regarding the safety or security of the facility. Prohibits the facility from preventing a law enforcement officer from entering a common area of the facility to conduct a voluntary interview with a resident as part of an investigation of criminal activity at the facility. Prohibits a lease, rental, or purchase agreement with a resident from waiving liability, requiring arbitration, or controlling the content or execution of the resident’s advance directive or testamentary documents. Imposes civil liability for damages to a resident for violations or failure to implement a safety policy or procedure and exempts actions from Chapter 74, CPRC. SB 611 referred to Senate Health and Human Resources on 2/17.

HB 1268 by Walle (D-Houston): Imposes a duty on a residential landlord, in the event of a casualty loss caused by the negligence or fault of the landlord, to relocate the tenant in comparable rental property either owned by the landlord or by a third party. Makes the landlord liable to the tenant for rent exceeding the amount the tenant pays under the current lease.

HB 1309 by Dutton (D-Houston): Amends § 101.106 CPRC (Tort Claims Act) to allow a plaintiff to sue a governmental employee for assault, battery, false imprisonment, or any other intentional tort, including a tort involving disciplinary action by school authorities.

HB 1450 by Collier (D-Dallas): Creates a cause of action for damages, attorney’s fees, and costs if a person other than the landlord, credit reporting agency, or person who seeks eviction information discloses the existence of certain eviction cases which result in no relief for the landlord or uses eviction case information as a factor in determining a score or recommendation in a tenant screening report regarding the defendant tenant.

HB  1467 by Bucy (D-Austin): Prohibits a state agency or political subdivision from requiring employees or independent contractors to submit to drug testing for cannabinoids or from obtaining or writing a prescription for low-THC cannabis or using a consumable hemp product. Prohibits a state agency or political subdivision from asking an employee about the employee’s use of low-THC cannabis or consumable hemp products. Imposes liability on a state agency or political subdivision for threatened or actual violations of the law in a judicial or administrative proceeding. Entitles a prevailing claimant compensatory damages, injunctive relief, declaratory relief, and other relief, including attorney’s fees. Waives sovereign or governmental immunity. Shields users of medical marijuana from arrest, prosecution, or penalty, or denial of any right or privilege, including administrative or civil penalty or disciplinary action by a court or state licensing board.

HB 1568 by Allison (R-San Antonio): Requires licensing and regulation of an operator that provides swim instruction to children six years of age or younger in groups of at least 3. Establishes minimum standards and a complaint and investigation process. Imposes administrative penalties for violations.

HB 1820 by Meza (D-Irving): Adds § 92.027, Property Code, to require a landlord to give a tenant 24-hours’ notice before entering a dwelling and a reason for entry. Voids a provision in a lease to the contrary.

HB 1823 by Sherman (D-Dallas): Amends § 51.903, Government Code, which authorizes a person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property to bring an action on a fraudulent lien, to expand the action to add to the cause of action a document conveying the real or personal property.

HB 1877 by Swanson (R-Spring): Authorizes an action for injunctive relief by a candidate, political party, or a state, county, or precinct chair of a political party to prevent election violations from continuing or occurring. Establishes a state election marshal to investigate and bring charges against violators. Disqualifies district or county court judges from presiding over violation cases if their court has jurisdiction over any geographic area served by an election official who is party to the suit, except a statewide election official.

HB 1881 by Schatzline (R-Fort Worth): Creates a cause of action by the OAG against a county that fails to enter into an agreement with ICE to cooperate with federal immigration enforcement. Bars state funding to a county without an agreement. Allows the OAG to recover costs and attorney’s fees.

HB 1844 by Capriglione (R-Southlake): Comprehensively regulates consumer personal data in the hands of a controller or affiliate. Confers exclusive enforcement authority on the attorney general. Imposes a civil penalty of $7,500 per violation following a 30-day right to cure. Allows the OAG to recover costs and attorney’s fees. Bars a private cause of action based on violation of the statute.

HB 1896 by Guillen (R-Rio Grande City): Amends § 98B.002, CPRC, to impose liability on a defendant to a person depicted in intimate visual material without consent if the depiction shows a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, and whose image was used in creating, adapting, or modifying the intimate visual material, including CGI using an artificial intelligence application or other software.

HB 1899 by Meyer (R-Dallas): Establishes heightened criminal penalties (1^st, 2^nd ,and 3^rd degree felonies) for insider trading and misuses of official information if the offense results in a net pecuniary gain to the offender.

HB 1936 by Lozano (R-Kingsville)/SB 417 by Paxton (R-McKinney): Adds Chapter 121, Business & Commerce Code, to impose civil liability on the manufacturer of an electronic device (smartphone or tablet) that is activated in this state, does not automatically enable a filter to prevent a minor from accessing sexually explicit material, and a minor user accesses such information. Requires the filter to “reasonably prevent a user of the electronic device from circumventing, modifying, removing, or uninstalling the filter without entering a password or access code. Creates a defense if the manufacturer makes a “good faith effort” to manufacture the device that automatically enables the filter. Authorizes the attorney general to collect a $30,000 per violation civil penalty. Authorizes a parent or guardian to bring an action against a manufacturer for $10,000 in damages, costs, and attorney’s fees. SB 417 referred to Senate State Affairs on 2/15.

HB 1995 by Goodwin (D-Austin): Imposes criminal liability (and perhaps implies civil liability) on a licensed arms dealer who fails to report the sale or transfer of two or more semiautomatic rifles to the same transferee (other than another dealer) on a single occasion or on more than one occasion during a period of five consecutive business days. Requires reporting to DPS and the local sheriff and police department.

HB 1999 by Johnson (D-Farmers Branch)/SB 1041 by Hughes (R-Mineola): Adds § 21.2545, Labor Code, to authorize a person to bring a civil suit for damages arising from an unlawful employment practice based on sexual harassment, regardless of whether the person has filed a complaint or has received a right to sue letter. Establishes a two-year statute of limitations. Makes the action subject to the § 41.008, CPRC, limits on punitive damages, not the statutory limits in § 21.2585, Labor Code.

HB 2049 by Zwiener (D-Driftwood): Establishes a permit requirement for common carrier pipelines at the Railroad Commission. Authorizes the commission and the attorney general to enforce the requirements by administrative and judicial action.

HB 2068 by Paul (R-Houston): Mandates that a public investment fund or investment advisor for a fund to “act solely in the pecuniary interest of the system’s participants and beneficiaries” (i.e., no ESG). Gives the attorney general investigatory and subpoena power. Eliminates the current law standard that requires a determination of whether the board of trustees of the fund have exercised prudence in an investment decision to be made by considering the investment of all the assets of the trust rather than the prudence of a single investment.

HB 2115 by Flores (D-Austin): Amends § 21.2585, Labor Code, which limits recovery of compensatory and punitive damages against an employer in an unlawful intentional employment practices case, to exclude from the limitation an action for sexual harassment, unlawful employment practice based on sex, and retaliation in connection with an unlawful practice based on sex. Applies § 41.008, CPRC, cap on punitive damages to such actions.

HB 2119 by Dorazio (R-San Antonio): Amends § 36.066, Water Code, to mandate the award of attorney’s fees and costs to the prevailing party in an action involving a groundwater conservation district (current law only allows the district to recover them).

HB 2127 by Burrows (R-Lubbock): Adds Chapter 102A, CPRC, to confer standing on any person, including a taxpayer, adversely affected by a municipal or county ordinance adopted and enforced by the city or county to sue the city, county, or local official for violating field pre-emption in the following codes: Agriculture, Finance, Insurance, Labor, Natural Resources, or Occupations. Entitles the person to declaratory and injunctive relief and attorney’s fees and costs. Venue is in any county of the state and may not be transferred without consent of the parties. Waives governmental immunity.

HB 2128 by Bailes (R-Shepherd): Amends § 17.46(b), Business & Commerce Code, to add to the definition of “false, misleading, or deceptive acts or practices” demanding an exorbitant or excessive price in connection with a sale of natural gas in intrastate commerce, except for a sale by a rate-regulated gas utility.

HB 2155 by Patterson (R-Frisco): Makes a social media platform liable for actual damages and $1,000 in punitive damages to a user who receives user-generated content through a social media algorithm while the user is a minor if the operator knew or had reason to know that the user was a minor.

HB 2252 by Turner (D-Arlington): Establishes the regulation of trampoline courts by the Texas Department of Insurance. Requires annual inspection and a written certification of inspection by the operator’s insurer. Authorizes a city, county, or state law enforcement officer to shut down an operator for failure to produce a certificate of inspection or if the officer reasonably believes the trampoline court is unsafe. Creates a criminal offense.

HB 2254 by Turner (D-Arlington): Amends § 2151.002, Occupations Code, to add to the definition of “amusement ride” a “trampoline court” for purposes of the regulation of and minimum insurance limits for amusement rides.

HB 2266 by Leach (R-Plano): Creates a cause of action by a license holder against a local governmental entity to block enforcement of a local law that regulates the occupation or business activity of the license holder in a manner more stringent than state law or would result in an adverse economic impact on the license holder. Requires the governmental entity to show by clear and convincing evidence that the local law does not conflict with the state law and is necessary and narrowly tailored to protect the public. Provides for injunctive relief and recovery of costs and attorney’s fees.

HB 2298 by Talarico (D-Austin): Entitles an employee to 12 weeks of family or medical leave funded by a fund established for that purpose. Requires employer contributions to the fund. Establishes benefit limits. Provides that the employer commits an unlawful employment practice if the employer makes an adverse employment decision as a result of the employee requesting leave to which the employee is entitled.

HB 2311 by Dutton (D-Houston): Adds Chapter 108A, CPRC, to create a cause of action by a person injured or the estate of a person killed in an event in which five or more people are killed against a state or local peace officer who responded to the event and failed to comply with standard operating procedure established by the officer’s law enforcement agency to quickly end the event. Authorizes recovery of damages, reasonable attorney’s fees, and costs. Provides that the Texas Tort Claims Act does not apply. Provides that a peace officer may not assert official immunity or other forms of immunity as a defense to an action.

HB 2313 by Thompson (D-Houston): Requires a transportation network company to annually provide to each driver human trafficking awareness and prevention training materials approved by the attorney general. Requires the company to maintain records necessary to establish that the company has provided the training.

HB 2316 by Canales (D-Edinburg): Prohibits a local governmental entity from discharging, suspending, or terminating from employment a peace officer, detention officer, county jailer, or firefighter based on the person’s inability to perform the duties for which the person was elected, appointed, or employed because of the person’s injury before the person is certified as having reached maximum medical improvement, unless the report of the person’s treating doctor indicates that the person is permanently restricted from returning to perform those duties. Requires a dispute over the ability of the person to perform those duties be adjudicated under the worker’s compensation act. Makes the employer liable for damages in an amount not to exceed $100,000 and reinstatement of the employee. Waives governmental immunity.

HB 2437 by Zwiener (D-Driftwood): Adds §§ 7.0521 and 7.052, Water Code, to authorize TCEQ to increase the amount of a penalty if the alleged violator has a history or previousl violations. Beginning in 2025, requires the TCEQ to index penalty amounts by the inflation rate. Authorizes TCEQ to triple the amount of a penalty if a first responder unaffiliated with the facility is injured as a result of exposure to hazardous material while responding to an incident at the facility.

HB 2444 by Thimesch (D-Carrollton): Adds Chapter 328, Business & Commerce Code, to prohibit a person from selling, using, or causing to be used any method, technology, device, or software in the sale or resale of event tickets on a ticket issuer’s or resale ticket agent’s website that functions as a bypass in the ticket purchasing process, disguises the identity of the purchaser, permits the purchase of quantity of tickets that exceeds the maximum number of tickets that may be sold to one purchaser, or circumvents a security measure or other control in the ticket purchasing process. Authorizes the attorney general to enforce by an action for injunctive relief, costs, attorney’s fees, and investigative costs.

HB 2459 by Vo (D-Houston): Allows a child labor investigator to assess an administrative penalty of up to $10,000. Directs the TWC to establish child labor appeal tribunals to hear disputed preliminary determination orders finding violations with review of tribunal orders by the commission. Provides for judicial review under the substantial evidence rule. Authorizes the attorney general to bring an action to enjoin violations.

HB 2470 by Kuempel (R-Seguin): Bars an employer of a first employer from taking an adverse employment action, including demotion in rank or reduction of pay or benefits, against a first responder solely because the employer knows or believes that the first responder has a mental illness, except as necessary to protect public safety. Authorizes an aggrieved person to sue for compensatory damages, attorney’s fees and costs, and any other appropriate relief. Waives governmental immunity.

HB 2498 by Swanson (R-Spring): Makes a county liable to the state for a civil penalty of $1,000 for each day that the county does not make a livestream video available of all the areas involved in county ballots, enforceable by the attorney general.

HB 2516 by Walle (D-Houston): Makes significant changes to Chapter 24, Property Code, to impose new duties on landlords, including a right to cure for nonpayment of rent. Blocks access to eviction case information except under limited circumstances. Bars a landlord from chainging locks to exclude a tenant delinquent in paying rent. Bars landlords from charging tenants for “mandatory services.” Limits late fees to the lesser of 10% of the rent or $75. Requires a landlord to give two-days’ notice before entering a residence. Requires landlords to inspect the premises and make repairs before leasing a unit, subject to judicial enforcement. Voids leave provisions that purport to limit the landlord’s liability or expand a party’s right to unilaterally terminate a lease. Imposes additional requirements for terminating a lease and prohibits a landlord from inquiring about or considering a prior arrest if the tenant was not convicted.

HB 2519 by Thompson (D-Houston): Adds Chapter 117, CPRC, to impose liability on a public entity for the actions of the entity’s peace officers if the act or omission occurs under color of law. Creates a cause of action against a public entity on the basis that a public entity’s peace officer deprived the individual of or caused the individual to be deprived of a right, privilege, or immunity under the state or federal constitution. Provides that the court shall award attorney’s fees and costs to a prevailing claimant, including contingency fees. Imposes joint and several liability on defendants. Waives governmental immunity.

HB 2545 by Capriglione (R-Southlake): Prohibits a direct-to-individual genetic testing company from disclosing an individual’s genetic data without the individual’s consent. Imposes a civil penalty of up to $2,500 per violation, enforceable by the attorney general or district attorney with recovery of attorney’s fees and costs.

HB 2604 by Morales Shaw (D-Houston)/SB 1079 by Zaffirini (D-Laredo): Creates the exas Family Fund Program to finance paid parental leave to full-time employees. Requires employer contributions of 0.15% of all wages paid by the employer during a calendar year. Prohibits an employer from deducting any part of the contribution from the employee’s wages. Does not apply to an employer with a self-funded paid leave policy.

HB 2619 by Tinderholt (R-Arlington): Imposes a $100,000 civil penalty enforceable by the attorney general for election law violations in addition to other civil and criminal penalties.

HB 2632 by Plesa (D-Dallas): Makes it a DTPA violation for a residential mortgage loan originator to advertise a false, misleading, or deceptive statement or representation made to induce a potential borrower into applying for or entering into a reverse mortgage loan agreement, considering the overall impression of the representation and the type of borrower targeted by the representation. Further prohibits the loan originator from representing that a reverse mortgage is a government benefit or is not a loan. Bars an advertisement from representing itself as an official government document, representing that the borrower can remain in the home without paying taxes or insurance, or containing an image, symbol, or emblem creating the impressions that the advertisement is made on behalf of a governmental entity.

HB 2758 by Paul (R-Houston): Bars a state agency from contracting with a vendor, whether a publicly traded or private company or non-profit entity, that is owned by or headquartered in China, Iran, North Korea, or Russia. Imposes a civil penalty enforceable by the attorney general on a vendor that makes a false representation of its relation to a scrutinized country.

HB 2760 by Hefner (R-Mt. Pleasant): Imposes liability for a civil penalty on a state agency that fails to comply with disclosure criteria relating to grants and contracts from foreign sources. Bars governmental entities that spend state or local tax money from participating in an agreement with or accepting a grant from a foreign country or concern that constrains the entity’s freedom of contract, allows the curriculum or values of the state to be directed or controlled by a foreign entity, or promotes an agenda detrimental to the safety or security of the US or residents. Requires an institution of higher education to report foreign gifts, subject to audit and administrative penalties. Establishes new requirements for foreign travel by faculty or researchers at institutions of higher education.

HJR 98 by Tinderholt (R-Arlington)/HJR 110 by Isaac (R-Dripping Springs): Proposes a constitutional amendment giving the attorney general concurrent jurisdiction with county and district attorneys to prosecutive election law violations.

HJR 119 by Goodwin (D-Austin): Adds § 36, Art. I, Texas Constitution, to provide that the public, individually and collectively, has a right to a clean and health environment.

SB 393 by Hall (R-Edgewood): Creates a cause of action for damages, costs, and attorney’s fees by a parent against a school district if the district’s grievance procedure fails to resolve an issue. Referred to Senate Education on 2/15.

SB 513 by Hall (R-Edgewood): Holds the executive director of the Texas Medical Board civilly liable to a claimant, including a decedent’s estate, allegedly injured by a physician for failing to verify that the physician was eligible for a license, provided that the alleged conduct constitutes grounds for a health care liability claim under Chapter 74, CPRC, and involved the same type of conduct for which the physician was ineligible for the license. Requires the executive director to have committed gross negligence or intentional misconduct in failing to verify and that the physician was issued the license as a result of the failure to verify. Requires the executive director to review the National Practitioner Data Bank or Healthcare Integrity and Protection Data Bank and information from other state medical licensing agencies before verifying the accuracy of the information in the application. Referred to Senate Health and Human Services on 2/17.

SB 555 by Perry (R-Lubbock): Requires a person who owns 50 or more licensed pharmacies to ensure that each location is open to the public for at least six hours on a weekend, excluding a weekend including a federal holiday. Imposes administrative penalties for violations. Referred to Senate Business and Commerce on 2/17.

SB 559 by Hughes (R-Mineola): Creates a cause of action for injunctive relief against the State Bar of Texas for adopting a rule or imposing a penalty in violation of a licensee’s or applicant’s free exercise of religion, political or ideological views, social views, or other expressive speech. Set for hearing in Senate State Affairs on 2/27.

SB 575 by Gutierrez (D-San Antonio): Adds Chapter 106A, CPRC, to create a cause of action by an injured person against a local government peace officer if the officer subjects or causes to be subjected, including a failure to intervene, the person to a deprivation of individual rights that create binding obligations on government actors. Requires the local government employer to indemnify a peace officer for a judgment, except if the peace officer was convicted of a criminal violation. Provides that qualified immunity is not a defense. Referred to Senate State Affairs on 2/17.

SB 570 by West (D-Dallas0: Prohibits housing discrimination based on source of income. Referred to Senate Business and Commerce on 2/17.

SB 690 by Middleton (R-Galveston): Establishes the office of inspector general for education in the governor’s office. Confers broad investigatory power to audit and investigate “fraud, waste, and abuse” in public schools, including subpoena power and referral for civil and administrative enforcement. Applies to contractors with schools. Referred to Senate Education on 2/17.

SB 704 by Paxton (R-McKinney): Enacts privacy protections for an individual’s biometric identifiers, specimens, or genetic information. Requires the individual’s prior consent to capturing a biometric identifier or collecting a specimen for a commercial purpose. Places new regulatory and opt-in consent requirements on direct-to-individual genetic testing. Expands existing civil penalties to violations of the new regulatory requirements. Prohibits a governmental body from capturing or possessing a biometric identifier or requiring one as a prerequisite for providing a service without express statutory authorization. Prohibits newborn genetic screening over the objection of a parent, guardian, or managing conservator (current law allows objections only for religious purposes). Creates a new civil penalty for the use or analysis of a specimen taken from an individual for a specific disorder without the patient’s express consent, including nondisclosure of COVID-19 results.

SB 714 by Hall (R-Edgewood): Adds § 95.0002, CPRC, to impose strict liability on a person with control over the premises of a business for third party criminal acts on the premises if the person posts a sign prohibiting a person from carrying a concealed handgun on the premises.

SB 878 by Eckhardt (D-Austin): Adds § 301.0045, Property Code, to prohibit housing discrimination on the basis of a person’s protective hairstyle or coverings.

SB 913 by Gutierrez (D-San Antonio): Adds Subchapter T, Chapter 411, Government Code, to require owners of firearms to maintain liability insurance with a $100,000 minimum limit for injury or death of one person, $300,000 for injury or death of two or more persons, and $50,000 for property damage. Requires the owner to provide proof of insurance to a law enforcement officer on request. Requires a firearm owner to provide proof of coverage to DPS upon application for a firearms license or renewal of a firearms license. Imposes a $1000-10,000 fine on violators.

SB 974 by West (D-Dallas): Adds § 92.027, Property Code, to prohibit a multifamily residential lease from charging for Internet or cable service or requires the tenant to subscribe to such service. Creates a cause of action against the landlord for $500, court costs, and attorney’s fees for a violation.

SB 1014 by Hughes (R-Mineola): Imposes civil and criminal penalties on a person who, without the express consent of the individual or the individual’s authorized representative, obtains the individual’s genetic material or information, performs any analysis or test of the individual that requires the material or information, retains the material or information, or discloses the material or information (except under limited circumstances). Authorizes the attorney general to seek civil penalties for violations and to recover costs and attorney’s fees. Creates a private cause of action against a violator for equitable relief and authorizes recovery of attorney’s fees and costs. Waives sovereign immunity.

SB 1060 by Hughes (R-Mineola): Prohibits an insurer or holding company organized under Texas law from including an ESG-related shareholder proposal in a proxy statement or implementing such a proposal.

Court Records, Filing Fees, and Costs

Pandemic Liability/Emergency Powers

HB 81 by Harrison (R-Midlothian)/SB 177 by Middleton (R-Galveston): Prohibits a person from compelling or coercing an individual lawfully residing in the state into obtaining a COVID-19 vaccination contrary to the individual’s vaccination preference. Requires a health care provider to obtain an informed consent for a COVID vaccine. Prohibits a person from taking an adverse action based on the person’s refusal to obtain a COVID vaccine. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees. Referred to House Public Health on 2/23. SB 177 referred to Senate Health and Human Services on 2/15.

HB 107 by Schaeffer (R-Tyler): Repeals § 418.107, Government Code, which authorizes a penalty for violation of an emergency management plan. Referred to House State Affairs on 2/23.

HB 119 by Schaefer (R-Tyler): Amends Chapter 418, Government Code, to confer standing on a person to challenge in court a provision of a governor’s or local entity’s order relating to a declared emergency, if the provision is alleged to cause injury to the person or violate the person’s federal or state constitutional or statutory rights. Requires the governor or entity to show that the order mitigates the threat to public health and is the least restrictive means of mitigating the threat. Does not appear to require the person bringing the action to prove an injury or a burden. Referred to House State Affairs on 2/23.

HB 138 by Toth (R-The Woodlands): Prohibits an employer from taking an adverse employment action or discriminating against an employee based on the nondisclosure by the employee of personal health information. Imposes a civil penalty of $50,000 on an employer for a violation, enforceable by the attorney general. Referred to House International Relations/Economic Development on 2/23.

HB 154 by Schaefer (R-Tyler): Bars the governor or local governing body from issuing an emergency order requiring requiring a person to wear a facemask or other personal protective equipment.

HB 189 by Toth (R-The Woodlands): Requires a hospital to allow visitation by a religious counselor of the patient’s choosing. Prohibits a hospital from limiting the number of visitors a patient may receive at any one time to not fewer than one. Referred to House Public Health on 2/23.

HB 448 by Schofield (R-Katy): Imposes liability on a political subdivision for losses to a business caused by a governmental action that closes the business temporarily or permanently or effectively closes the business by restricting its operations or ordering customers not to patronize it. Referred to House State Affairs on 2/23.

HB 558 by Raymond (D-Laredo): Prohibits an executive order issued by the governor in a declared emergency restricting the operation or hours of operation of a business that sells alcoholic beverages from including a federally tax exempt organization that benefits veterans of the US armed forces.

HB 609 by Vasut (R-Angleton): Amends § 148.003, CPRC, to exempt from liability for injury or death a business owner or operator that does not require employees or contractors of the business to be vaccinated against a pandemic disease, if the injury or death results from exposure to the disease by an employee or contractor of the business. Referred to House Judiciary on 2/23.

HB 911 by Harrison (R-Midlothian): Requires an order of the governor or local official during a declared state of emergency that affects individual rights to be narrowly tailored to serve a compelling public interest for health and safety purposes and limited in duration, applicability, and scope. Gives state courts jurisdiction to hear challenges to emergency orders. Provides that only the governor may issue an emergency order that infringes on protected constitutional rights. Limits the duration of such an order to 30 days. Requires legislative authority to extend such an order. Requires the legislature to renew a state of disaster beyond 30 days. Limits the governor’s authority to suspend state law only to state agency rules.

HB 1032 by Noble (R-Allen): Adds Subchapter N, Insurance Code, to prohibit a group health benefit plan issuer or a life insurance company from using an individual’s COVID-19 vaccination status to discriminate against the individual in providing coverage. Purports to preempt any other law. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against a person who has not received a COVID-19 vaccination. Immunizes an employer from suit arising from a failure to mandate a COVID-19 vaccine. Prohibits an elementary or secondary school or institution of higher education from discriminating against a student who has not received a COVID vaccination. Blocks HHSC from adding COVID-19 to the list of mandatory vaccinations.

HB 1047 by Hinojosa (D-Austin): Requires the governor to submit to the Legislature, not later than 30 days after declaring or renewing a state of disaster, a report detailing contracts entered into without competitive bidding, federal money received, expenditures or expenditure plans for federal money, and each state agency or program receiving federal money or state matching funds.

HB 1313 by Burrows (R-Lubbock)/SB 403 by Springer (R- Muenster): Requires the Health and Human Services Commission to conduct a study of adverse effects of COVID vaccines and report to the Governor and Legislature on January 1, 2024. SB 403 referred to Senate Health and Human Services on 2/15.

HB 1419 by Cain (R-Houston): Repeals vaccine requirement for bacterial meningitis for new college students.

HB 1491 by Harrison (R-Midlothian): Requires the deportation of foreign entrants to the state during the pending COVID state of emergency and the period in which the federal government requires entrants to have a COVID vaccination if the entrant does not enter through a port of entry for a health review. Requires deportation of person who have illegally entered the US in the past year from countries with US State Department travel warnings for COVID.

HB 2362 by Martinez Fischer (D-San Antonio): Amends § 418.014, Government Code, to require the governor to convene a special session of the legislature if the governor finds that a state of disaster requires renewal and the legislature is not otherwise in session.

HJR 45 by Toth (R-The Woodlands): Adds § 16, Art. I, Texas Constitution, to give an individual the right to refuse a vaccination. Bars the vaccination status of an individual from being made a condition of employment, travel, school attendance, conducting business, receiving medical treatment, receiving governmental services, or any other action in Texas.

SB 97 by Johnson (D-Dallas): Requires the governor to limit an emergency order to the specific conditions or requirements of the disaster that is the subject of the order. Requires the governor to publish a weekly list, in chronological order, of all emergency orders issued in the prior seven-day period. Referred to Senate State Affairs on 2/15.

SB 98 by Johnson (D-Dallas): Provides that if the legislature is in regular or called session during a state of disaster, only the legislature may renew the state of disaster. Bars the governor from declaring a new state of emergency based on the same or a substantially similar finding as a prior state of disaster if the legislature has terminated or not renewed a state of disaster. Referred to Senate State Affairs on 2/15.

SB 99 by Johnson (D-Dallas): Requires the governor who determines that a declared state of disaster should be extended beyond 90 days of the date of the disaster if the joint disaster oversight committee holds a public hearing, the legislature in regular or called session approves the renewal by law and states the maximum number of days the renewal can continue, and the governor’s renewal expires not later than the date of expiration determined by the legislature. Provides for the appointment of the oversight committee (four House members, four Senators). Bars the governor from declaring a new state of emergency based on the same or a substantially similar finding as a prior state of disaster if the legislature has terminated or not renewed a state of disaster. Referred to Senate State Affairs on 2/15.

SB 100 by Johnson (D-Dallas): Restricts the governor’s emergency powers to the state of disaster itself (eliminates the extension of power to the recovery period after the disaster). Referred to Senate State Affairs on 2/15.

SB 308 by Hall (R-Edgewood): Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s COVID-19 vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on COVID vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit plan from discriminating against a provider based on the COVID vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on COVID vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on COVID vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated for COVID or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on COVID vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a COVID vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child for COVID. Bars the state or a local government from requiring COVID vaccines. Bars a health care provider from disclosing a person’s COVID vaccination history. Referred to Senate State Affairs on 2/15.

SB 309 by Hall (R-Edgewood): Requires a health care provider who performs a viral COVID-19 test on an individual to, at the time of the test, provided a printed or electronic copy of a brochure published by the State Department of Health Services. Referred to Senate Health and Human Services on 2/15.

SB 310 by Hall (R-Edgewood): Prohibits the governor or state agency from issuing a health directive in a declared public health emergency that is more stringent than public health directives for undocumented immigrants. Referred to Senate Health and Human Services on 2/15.

SB 390 by Hall (R-Edgewood): Repeals mandatory immunizations for schools. Referred to Senate Education on 2/15.

SB 401 by Kolkhorst (R-Brenham): Prohibits price gouging by medical staffing services during a declared state of emergency. Imposes civil penalties for violations recoverable in an action brought by the attorney general. Authorizes recovery of attorney’s fees, costs, and expenses. Referred to Senate Health and Human Services on 2/15.

SB 514 by Hall (R-Edgewood): Reverses any disciplinary action taken by the Texas Medical Board against a physician for prescribing invermectin, hydroxychloroquine, or budesonide in the prevention of treatment of COVID. Referred to Senate Health and Human Services on 2/17.

SB 626 by Hall (R-Edgewood): Prohibits universities, schools, and day care centers from denying admission to a person if the person presents documentation that he or she has applied to the DHS for a vaccine exemption. Referred to Senate Health and Human Services on 2/17.

SB 700 by Eckhardt (D-Austin): Requires a school district to implement or comply with health directives issued by a public health authority with jurisdiction over the district regarding evidence-based practices to reduce or eliminate the transmission of a communicable disease among district students and staff. Referred to Senate Health and Human Services on 2/17.

SB 1024 by Kolkhorst (R-Brenham): Bars schools and universities from requiring COVID vaccines. Requires adverse event reporting for vaccine reactions. Bars political subdivisions from requiring COVID vaccinations. Bars a governmental entity or private entity that accepts state money from requiring facemasks. Imposes a civil penalty of $2,000 per day and waives sovereign immunity. Bars a health care facility from refusing services to an individual based on vaccination status or post-transmission recovery of a communicable disease. Bars an employer from discriminating against an employee or applicant for failure to receive a COVID vaccination.

HB 1025 by Kolkhorst (R-Brenham): Specifies the vaccines required for public school students and university students engaged in the study of human or animal health. Requires adverse event reporting for vaccine reactions. Bars vaccine passports. Authorizes the HHSC commissioner to recommend vaccinations for the mandatory vaccine list.

HB 1026 by Kolkhorst (R-Brenham): Bars a governmental entity or court from requiring proof of a COVID vaccine for entry or as a condition to jury service. Bars political subdivisions from requiring COVID vaccinations. Bars schools and universities from requiring COVID vaccines. Bars an employer from discriminating against an employee or applicant for failure to receive a COVID vaccination.

Dobbs/SB 8/Obergefell/LGBTQ

HB 27 by Goodwin (D-Austin): Adds Chapter 142B, Civil Practice & Remedies Code, to bar civil actions and disciplinary proceedings against an employer based solely on the employer’s choice to offer or provide a particular employee benefit. Does not create or expand a cause of action. Referred to House State Affairs on 2/23.

HB 42 by Toth (R-The Woodlands)/HB 436 by Patterson (R-Frisco)z; Amends the definition of “child abuse” in §261.001, Family Code, to apply to a medical professional or mental health professional who provides gender transitioning or gender affirming care. Referred to House Public Health on 2/23.

HB 61 by Noble (R-Allen): Prohibits a governmental entity from entering into a taxpayer resourced transaction or from appropriating or spending money to provide any person with logistical support for the express purpose of assisting a woman with procuring an abortion or an abortion provider’s services. Gives the attorney general enforcement power plus recovery of attorney’s fees and costs. Referred to House State Affairs on 2/23.

HB 722 by Rosenthal (D-Houston)/SB 204 by Eckhardt (D-Austin): Amends Chapter 21, Labor Code, to prohibit employment discrimination against a person on the basis of the person’s marital status, the use of assisted reproduction to become pregnant, the use of contraception or a specific form of contraception, or the obtainment or use of any other health care drug, device, or service relating to reproductive health. Includes discrimination against the employee, the employee’s spouse or partner, the employee’s dependent, and any other member of the employee’s family or household. Declares void an unenforceable a mandatory arbitration provision that limits the reproductive decisions of an employee, employee’s spouse or partner, employee’s dependent, or any other member of the employee’s family or household. Applies to labor organizations and employment agencies. Adds discrimination based on reproductive decisions everywhere in Chapter 21 that bars discrimination based on race, color, sex, national origin, religion, age, or disability. SB 204 referred to Senate Natural Resources/Economic Development on 2/15.

HB 521 by Cain (R-Houston)/HB 1744 by Leach (R-Plano): Allows a motor vehicle operator who is pregnant to use a high occupancy vehicle lane. Referred to House Transportation on 2/23.

HB 522 by Cain (R-Houston): Creates “Celebration of Life Day” as a state holiday on June 24, the date of the Dobbs decision. Referred to House State Affairs on 2/23.

HB 592 by Shaheen (R-Plano): Requires a telemedicine or telehealth provider licensed or certified in another state to register with the appropriate Texas licensing agency. Requires the provider to comply with the laws of Texas, maintain liability insurance as required by Texas law, consent to the jurisdiction of state courts, and be subject to disciplinary action by the appropriate Texas licensing agency. Referred to House Select Committee on Health Care Reform on 2/23.

HB 672 by Hefner (R-Mt. Pleasant): Defines “abuse” to include administering or consenting to the administration of treatment for gender transitioning or gender reassignment, except in the case of intersex children. Includes the parent of the child. Referred to House Public Health on 2/23.

HB 776 by Harrison (R-Midlothian): Prohibits a physician from treating gender dysphoria in minors.

HB 787 by Patterson (R-Frisco): Amends Chapters 1, 101, and 301, Tax Code, to bar a business that assists an employee to obtain an abortion, including paying all or part of the costs associated with the procedure or traveling to the location of the service, from receiving a state or local tax incentive. Defines “tax incentive” as an “abatement, credit, discount, exclusion, exemption, limitation on appraised value, refund, special valuation, special accounting treatment, special appraisal method or provision, special rate, or special method of reporting authorized by state law or the state constitution.”

HB 819 by Talarico (D-Austin): Repeals criminal and civil statutes limiting or prohibiting abortion, including the old criminal statute, Chapter 170A and Subchapter H, Health and Safety Code (restrictions on abortions), § 30.22, CPRC (joint and several liability for attorney’s fees in suit challenging an abortion restriction), and § 311.036, Government Code (construction of abortion statutes). Contingent on voter approval of HJR 56.

HB 1029 by Harrison (R-Midlothian): Prohibits state funds from being used for gender reassignment.

HB 1050 by Hinojosa (D-Austin): Authorizes a physician to issue a written protocol authorizing the dispensing of a self-administered hormonal contraceptive that is approved by the FDA to prevent pregnancy and a pharmacist to dispense the contraceptive to a patient 18 years of age and older under the written protocol without any other patient-specific prescription drug order. Grants immunity from damages to a physician or pharmacist acting reasonably and good faith. Provides that health plan coverage for the contraceptive applies the same way as it does to a patient-specific prescription drug order.

HB 1280 by Oliverson (R-Cypress): Bars a taxable entity that provides health care coverage to its officers, directors, owners, partners, or employees for abortions, including travel, or sick leave for the purpose of procuring or recovering from an abortion from subtracting the cost of the health care in calculating its taxable margin. Requires the taxable entity to certify whether its health care benefits include that coverage.

HB 1452 by Anchia (D-Dallas): Requires a health benefit plan or other policy with a death benefit that pays burial costs to cover the cost of disposition of embryonic or fetal tissue remains with a post-fertilization age of 20 weeks or more.

HB 1478 by Ramos (D-Richardson): Requires the executive commissioner of HHSC to prescribe minimum standards for pregnancy resource centers equivalent to standards for ambulatory surgical centers.

HB 1490 by Plesa (D-Dallas): Adds § 170A.008, Health and Safety Code, to require a physician or health care practitioner to prioritize the health of the pregnant individual over the health of the fetus the individual is carrying when recommending a health care treatment for the individual, regardless of whether the treatment poses a risk of injury or death to the fetus. Requires the informed consent of the individual to such treatment. Authorizes the appropriate licensing authority to impose an administrative penalty for violations.

HB 1494 by Cain (R-Houston): Amends § 110.009(b), CPRC (religious freedom) to provide that Chapter 110 may not be construed to affect or interpret the religious freedom provision of the Texas constitutional provision protecting religious freedom (Art. I, § 6-a).

HB 1532 by Schatzline (R-Fort Worth): Defines medical treatment for gender transitioning as child abuse. Prohibits a professional liability insurer from covering treatment for gender transitioning. Subjects health care providers who violate the prohibition to disciplinary action.

HB 1607 by Harris (R-Palestine): Prohibits a institution of higher education from requiring or making part of a course elements of so-called “critical race theory” or that American slavery was “anything other than deviating from, betrayals of, or failures to live up to the authentic founding principles of the US, including liberty and equality. Bars an institution from receiving state funds for violations.

HB 1679 by Hernandez (D-Houston)/SB 439 by Menendez (D-San Antonio): Bars a mental health professional, in the course of providing services to a child, from attempting to change the child’s sexual orientation or gender expression or identity or to reduce the child’s attraction to a member of the same sex. SB 439 referred to Senate Health and Human Services on 2/15.

HB 1685 by Hernandez (D-Houston): Makes conforming changes to the Family Code to reflect same-sex marriages.

HB 1686 by Oliverson (R-Cypress)/SB 625 by Campbell (R-San Antonio): Prohibits a health plan from covering and a physician from performing a gender transitioning or gender reassignment treatment on a child. Enforcement by the attorney general and license revocation by the Texas Medical Board. SB 625 referred to Senate State Affairs on 2/17.

HB 1746 by Hernandez (D-Houston): Establishes informed consent requirements and a judicial process for the treatment of foster children for intersex traits.

HB 1752 by Toth (R-The Woodlands): Creates a cause of action for damages, statutory punitive damages of $10 million, and costs and reasonable fees for knowingly treating or aiding or abetting the treatment of a minor for gender dysphoria or gender transitioning. Establishes a 20-year statute of limitations. Bars affirmative defenses. Eliminates jurisdictional or venue requirements. Provides that Texas law governs procedures in other states. Bars declaratory judgment actions challenging the constitutionality of the statute. Creates a cause of action against a state or local official, including a judge, who issues an order preventing or delaying a claimant from bringing a civil action under the statute. Waives governmental immunity. Provides mandatory attorney’s fees.

HB 1753 by Goodwin (D-Austin): Bars the state, local governments, and state and local officials from prohibiting or unreasonably limiting an individual from accessing an assistive reproductive technology treatment or proceeding, continuing or completing such treatment under a written plan or agreement with a health care provider, or retaining all rights regarding the use of the individual’s reproductive genetic material, including gametes. Further bars prohibiting or limiting a health care provider from providing treatment or providing evidence-based information about procedures. Bars prohibiting a health benefit plan issuer from covering an assistive reproductive technology treatment or procedure. Establishes a cause of action for injunctive relief against the state or local government or official for violations, which may be brought by the attorney general, a person adversely affected by the violation, or a health care provider on the provider’s behalf or the on behalf of the person adversely affected by the violation. Requires a court to award a claimant costs and attorney’s fees.

HB 1880 by Howard (D-Austin): Provides that the provision of money, including a gift or donation, to an organization that provides support services to an individual in accessing a health care serve does not constitute a violation of any prohibition under state law on the provision of that service and may not the basis for a cause of action related to the provision of that health care service. Establishes exceptions to Penal Code provisions for the provision of money to such organizations. Repeals the pre-Roe 1925 Penal Code statute prohibiting abortion.

HB 1941 by Howard (D-Austin): Prohibits the state or local governments from prohibiting or restricting the right of an individual to purchase or use a contraceptive, including an emergency contraceptive, and to access information about them.

HB 1945 by Rosenthal (D-Houston): Prohibits a school district or open-enrollment charter school from restricting access to an Internet website, including by using filtering software, that provides students with resources related to mental health or suicide prevention for individuals who are lesbian, gay, bisexual, transgender, queer, or questioning, human trafficking, interpersonal or domestic violence, or sexual assault.

HB 1953 by Plesa (D-Dallas): Amends several sections of the Health and Safety Code to allow a physician to perform an abortion if the pregnant woman is 35 years of age or older and has a high-risk condition, as determined by the physician, or the pregnancy resulted from in vitro fertilization. Allows a physician to prescribe an abortion-inducing drug if in the physician’s reasonable medical judgment and gestational age of the pregnancy the drug will be effective and does not pose a risk to the pregnant individual.

HB 2116 by Baumgarner (R-Flower Mound): Bars a health care provider from providing or performing a gender reassignment treatment or procedure unless the person receiving the treatment or procedure has undergone psychological examination by a licensed psychologist in this state.

HB 2215 by Howard (D-Austin): Amends § 170A.002, Health and Safety Code, to exempt from the prohibition of abortion an abotion that in the physician’s best judgment is medically indicated or: (1) necessary to preserve the pregnant patient’s life or future fertility; (2) necessary to preserve the pregnant patient’s physical or mental health; (3) requested because of a lethal fetal anomaly or diagnosis; or (4) requested because of a life-limiting diagnosis that indicates the existence of the fetus outside the womb is incompatible with life without extraordinary medical interventions. Provides that an abortion permitted under these exceptiosn may not be overridden by a medical review process.

HB 2690 by Toth (R-The Woodlands): Prohibits virtually all dissemination and uses of abortion-inducing drugs in Texas, no matter where they are sourced. Creates a wrongful death cause of action for any person. Creates apportioned liability among all manufacturers of abortion-inducing drugs if the claimant cannot identify which manufacturer made the drug. Applies to the use of the drug by a Texas resident even in other states or countries. Creates a no-injury cause of action for actual damages, statutory damages, costs, and attorney’s fees. Creates a cause of action against web browers that permit Texas residents to access information about abortion-inducing drugs. Imposes new duties on websites advertising abortion-inducing drugs. Penalizes persons who challenge these provisions by shifting the cost of litigation. Creates a cause of action against a judicial officer who bars enforcement of these provisions.

HB 2709 by Slaton (R-Royse City): Applies all Penal Code provisions to unborn children in the same manner as if the child has been born.

HB 2722 by Schaefer (R-Tyler): Requires a school district with a multi-occupancy bathroom or changing facility to adopt a policy, among other things, that provides for the supervision of the bathroom or facility and accommodations for students who wish to use a bathroom or facility segregated by biological sex.

HB 2764 by Slaton (R-Royse City): Subjects a physician to civil and criminal liability from inducing an abortion on herself.

HB 2765 by Slaton (R-Royse City): Bars the use of public funds to pay for an emergency contraceptive.

HJR 56 by Talarico (D-Austin): Prohibits the legislature from passing a law that abridges an individual’s access to abortion care if the individual’s decision to access abortion care is made in consultation with a licensed physician.

HJR 85 by Burrows (R-Lubbock): Adds Art. I, § 36, to enshrine the liberty of a parent to direct the upbringing of the parent’s child as a fundamental right, including the right to direct the cae, custody, control, education, moral and religious training, and medical care of the child. Requires a compelling governmental interest and narrowly tailored remedy to interfere with the right.

HJR 106 by Schaefer (R-Tyler): Adds § 36, Article I, Texas Constitution, to provide that a person has the right to travel in a vehicle using human decision-making, subject to laws or regulations relating to, among other things, “laws or regulations that impose or are subject to criminal penalties” and “restrictions on the use of a vehicle resulting from the commission of a criminal offense or other violation of a law or regulation.”

SB 378 by Parker (R-Flower Mound)/HB 1350 by Cook (R-Mansfield): Imposes a civil penalty on district and county attorneys who, either by formal policy or pattern or practice, prohibit or materially limit the enforcement of a criminal offense. Gives the attorney general enforcement authority and recovery of costs and attorney’s fees. Referred to Senate State Affairs on 2/15.

SB 78 by Johnson (D-Dallas): Amends § 171.063(c), Health and Safety Code, to extend the period in which a physician may provide an abortion-inducing drug from 49 to 70 days of gestational age. Pre-empts any other law or local ordinance. Referred to Senate State Affairs on 2/15.

SB 79 by Johnson (D-Dallas): Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes. Referred to Senate State Affairs on 2/15.

SB 81 by Johnson (D-Dallas): Changes applicable statutes to reflect the legality of same-sex marriage. Referred to Senate State Affairs on 2/15.

SB 82 by Johnson (D-Dallas)/SB 111 by Menendez (D-San Antonio)/HB 970 by Zwiener (d-Driftwood): Repeals statutes that criminalize or negatively represent homosexual conduct. Referred to Senate State Affairs on 2/15.

SB 122 by Alvarado (D-Houston)/HB 979 by Howard (D-Austin)/HB 2000 by Johnson (D-Farmers Branch): Creates an exception to the abortion ban if the pregnancy results from a sexual assault, an aggravated sexual assault, or incest. Repeals the old Texas criminal abortion statute, Title 71, Chapter 6 ½, Vernon’s Statutes. Referred to Senate State Affairs on 2/15.

SB 123 by Alvarado (D-Houston): Amends § 170A.001(3), Health and Safety Code, to change the definition of “pregnant” to refer to an embryo or fetus in the human body, as opposed to the current “living unborn child” within “the female’s body.” Creates exceptions to the abortion ban for abortions performed, in the physician’s best judgment (as opposed to “reasonable medical judgment”) to preserve the pregnant patient’s life or physical or mental health, at the request of the pregnant patient because of a lethal fetal anomaly or diagnosis, of requested because of a life-limiting diagnosis that indicates the existence of the fetus outside the womb is incompatible with life absent extraordinary medical intervention. Requires that an abortion under these conditions be considered independently by the pregnant patient and physician. Bars a medical review committee from overriding a determination by the patient and physician. Referred to Senate State Affairs on 2/15.

SB 203 by Eckhardt (D-Austin): Requires a physician or health care practitioner to prioritize the health of a pregnant patient over the health of the fetus when recommending a health care treatment for the patient, regardless of whether the treatment poses a risk of injury or death to the fetus. Provides that the pregnant patient may refuse such treatment and treatment can only be given with the patient’s informed consent.  Provides for an administrative penalty against a physician or practitioner for violations. Referred to Senate Health and Human Services on 2/15.

SB 162 by Perry (R-Lubbock): Requires birth certificates to list the biological sex of the child. Referred to Senate State Affairs on 2/15.

SB 227 by Eckhardt (D-Austin): Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes. Referred to Senate State Affairs on 2/15.

SB 291 by Johnson (D-Dallas): Amends § 170A.002, Health and Safety Code, to provide that direct or indirect assistance provided to an individual for traveling outside the state to obtain an abortion does not constitute a prohibited abortion. Amends § 171. 208, Health and Safety Code, to grant immunity from a suit to a person who provides or intends to provide direct or indirect assistance to an individual for traveling outside the state to obtain an abortion. Referred to Senate State Affairs on 2/15.

SB 476 by Hughes (R-Mineola)/HB 643 by Patterson (R-Frisco)/HB 708 by Shaheen (R-Plano)/HB 1266 by Schatzline (R-Fort Worth): Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation. Referred to Senate State Affairs on 2/17. HB 643 referred to House State Affairs on 2/23.

SB 511 by Hall (R-Edgewood): Bars all economic and tax incentive programs authorized by the state from providing a grant or incentive to an entity that assists, refers, or otherwise encourages a woman to obtain an abortion. Referred to Senate State Affairs on 2/17.

SB 676 by Johnson (D-Dallas)/HB 838 by Gonzalez (D-Dallas): Amends § 1366.003, Insurance Code, to change the conditions for required health benefit coverage for in vitro fertilization. Removes the requirement that the fertilization of the patient’s cocytes is made only with the sperm of the patient’s spouse and reduces the required number of years in which the patient has had a history of infertility from 5 to 3 years. Referred to Senate Health and Human Services on 2/17.

SB 1029 by Hall (R-Edgewood): Imposes strict liability on a health plan issuer for the patient’s medical, mental health, and pharmaceutical costs as a result of gender modification procedures or treatments covered by the plan for the life of the patient. Subjects health care providers to liability in malpractice simply for performing a gender modification treatment or procedure and makes the provider strictly liable for the life of the patient. Prohibits a health insurance policy from covering gender modification treatments.

SB 1031 by Hall (R-Edgewood): Imposes liability for civil penalties on a school district that conducts a study or survey on a child’s sexual behavior, enforceable by the attorney general.

SJR 15 by Johnson (D-Dallas)/HJR 61 by J. Johnson (R-Farmers Branch): Repeals Art. I, § 32, Texas Constitution, which provides that marriage consists only of the union between one man and one woman. Referred to Senate State Affairs on 2/15.

SJR 21 by Eckhardt (D-Austin)/HJR 62 by Goodwin (D-Austin): Proposes an amendment to Art. I, Texas Constitution, to recognize an individual’s reproductive choice. Referred to Senate State Affairs on 2/15.

SJR 23 by Eckhardt (D-Austin): Proposes an amendment to Art. I, Texas Constitution, to recognize an individual right to be free from governmental intrusion or interference into the individual’s private life. Referred to Senate State Affairs on 2/15.

SJR 25 by Johnson (D-Dallas): Adds §§ 1A, 1B, Texas Constitution, to reserve to the people the powers of initiative and referendum. Requires at least 5% of the total number of voters received by the governor in the most recent gubernatorial election statewide and in each senate district to sign a petition for a statutory change. Requires 6% for a constitutional change. Referred to Senate State Affairs on 2/15.

Nullification

HB 33 by Landgraf (R-Odessa)/SB 470 by Springer (R-Muenster): Bars a state agency or employee from contracting with or assisting a federal agency or official in the enforcement of a federal statute or regulation pertaining to oil and gas operations. Gives the attorney general enforcement authority. HB 33 referred to House Energy Resources on 2/23. SB 470 referred to Senate Natural Resources/Economic Development on 2/17.

HB 262 by Swanson (R-Spring): Prohibits a state agency or political subdivision from cooperating with a federal agency in implementing an agency rule that the attorney general finds violates the federal constitutional rights of a citizen or exceeds the power granted to the federal government by the constitution. Referred to House State Affairs on 2/23.

HB 325 by Toth (R-The Woodlands): Bars a county or district attorney from serving as of counsel in a federal court proceeding involving enforcement of a federal law regulating firearms, firearm accessories, or ammunition. Referred to House State Affairs on 3/23.

HB 384 by C. Bell (R-Magnolia)/HB 2930 by Schofield (R-Katy)/SB 313 by Hall (R-Edgewood): Establishes a committee of six House members and six senators to review federal government action to determine whether the action is unconstitutional. Requires the committee to report a determination that an action is unconstitutional to the legislature. Requires the legislature to vote on the determination and, upon approval by a majority of each house, send the determination to the governor for approval or disapproval. Provides that if the governor approves, the action is deemed unconstitutional and the secretary of state must notify Congress. Bars implementation or enforcement of an unconstitutional action. Gives the attorney general prosecution authority. Grants original jurisdiction to any state court to determine in a declaratory judgment action whether a federal action is unconstitutional. HB 384 referred to House State Affairs on 2/23. SB 313 referred to Senate State Affairs on 2/15.

HB 1023 by Harrison (R-Midlothian): Prohibits the U.S. Food and Drug Administration from regulating a clinical laboratory when the lab is performing a lab-developed test on a pathogen or agent that is the basis for a federal emergency declaration or to diagnose the health condition that is the basis for the emergency declaration. Defines the lab as a state agency but bars a state agency from regulating the lab if it did not possess that authority prior to the declared emergency. Does not relieve a lab of any state or federal liability.

SB 242 by Middleton (R-Galveston): Bars a state agency or political subdivision from cooperating with a federal government agency to implement an agency rule that the attorney general has identified as violating a citizen’s federal constitutional rights. Referred to Senate State Affairs on 2/15.

SB 307 by Hall (R-Edgewood): Prohibits the state or a local government from enforcing or providing assistance to a federal official or agency with respect to enforcing federal law responding to a federally declared public health emergency and imposing a prohibition, restriction, or other regulation that does not exist under Texas law. Cuts state money to a political subdivision that enforces a federal law. Provides a complaint procedure and enforcement by the attorney general with cost and attorney’s fee recovery. Referred to Senate State Affairs on 2/15.

State Pre-emption/Local Government Control

HB 121 by Vasut (R-Angleton)/SB 563 by Sparks (R-Midland): Prohibits a city or county from adopting or enforcing an ordinance or other rule or policy that exceed or conflict with federal or state law relating to employment issues, including leave, hiring practices, benefits, scheduling practices, or other terms of employment. Referred to House State Affairs on 2/23. SB 563 referred to Senate Business and Commerce on 2/17.

HB 553 by Troxclair (R-Austin): Bars a political subdivision from enacting an ordinance, order, or other measure providing for a universal basic income. Referred to House State Affairs on 2/23.

HB 602 by Shaheen (R-Plano): Requires a political subdivision to participate in the E-Verify program to verify information of all new employees. Referred to House State Affairs on 2/23.

HB 744 by Dean (R-Kilgore)/HB 764 by Cain (R-Houston): Bars a political subdivision from prohibiting or restricting the use or sale of gasoline-powered landscaping equipment.

HB 1414 by Toth (R-The Woodlands): Bars the state or a state agency from assisting the federal government in the regulation of gas stoves.

HB 1819 by Cook (R-Mansfield)/SB 603 by Hughes (R-Mineola): Bars a political subdivision from adopting or enforcing a juvenile daytime curfew, other than in a declared emergency. SB 603 referred to Senate Criminal Justice on 2/17.

HB 2035 by Slawson (R-Stephenville)/SB 986 by Creighton (R-Conroe): Adds § 24.0041, Property Code, to prohibit a municipality or county from adopting or enforcing an ordinance, order, or other measure that prohibits, restricts, or delays delivery of notice to vacate or filing of suit to recover possession of the premises. Likewise prohibits any other ordinances relating to an eviction suit.

HB 2350 by Harris (R-Palestine): Prohibits a local governmental entity from requiring the holder of a state-issued occupational license from requiring the person to have an occupational license issued by the local entity or regulating the license holder in a manner more stringent than state law with respect to contracts between the license holder and a member of the public for goods and services. Renders any such regulation void.

HB 2367 by Lozano (R-Kingsville): Pre-empts local regulation of residential amenity rentals (rentals for a period of less than 15 hours and not for the purpose of providing sleeping accommodations to a tenant). Provides that a local governmental entity may require registration of such rentals and establishes deadlines for approval of registration requests. Authorizes a local governmental entity to apply ordinances to residential amenity rentals in the same manner as to other similarly situated persons but prohibits an entity from prohibiting or limiting the use of the property for a rental. Places the burden of proof on the entity in a legal action challenging a local ordinance and requires clear and convincing evidence that the ordinance complies with this statute. Authorizes an entity to assess civil penalties and, for a third violation, suspend or terminate a registration provided the entity proves that the violation was a direct result of the residential amenity rental’s operation.

HB 2374 by Landgraf (R-Odessa)/ SB 1017 by Birdwell (R-Granbury): Bars a political subdivision from adopting an ordinance or regulation limiting access to an energy source or that results in the effective prohibition of a wholesaler, retailer, energy producer, or related infrastructure, including a retail service station, that is necessary to provide access to a specific energy source. Likewise bars a political subdivision from regulating an engine based on its fuel source.

HB 2440 by Stucky (R-Wichita Falls): Bars a municipality from adopting or enforcing an ordinance, rule, or regulation that regulates the practice of an occupation if a person is required to possess an occupational license issued by a state licensing authority.

SB 130 by Campbell (R-San Antonio): Prohibits a city or county from regulating employment benefits. Referred to Senate Business and Commerce on 2/15.

SB 149 by Springer (R-Munster): Bars a city from regulating commercial activity. Does not apply to a uniquely local concern, local land use, protection of citizens’ physical safety, regulation explicitly authorized by statute, or a measure that requires nondiscrimination in the provision of employment or service to any person on the basis of any state or federally protected class. Referred to Senate Business and Commerce on 2/15.

SB 784 by Birdwell (R-Granbury)/HB 2211 by Landgraf (R-Odessa): Pre-empts local government regulation of greenhouse gas emissions.

Tort Liability

HB 194 by Ortega (D-El Paso): Establishes safety requirements for amusement ride operators. Referred to House Insurance on 2/23.

HB 242 by Howard (D-Austin): Provides immunity from civil liability for a person that donates a feminine hygiene product to a nonprofit organization for distribution to individuals in need of the product, provided the product meets quality and labeling standards imposed by law at the time of the donation. Applies also to the nonprofit organization that distributes the product. Does not apply to intentional action or gross negligence resulting in injury. Referred to House Judiciary on 2/23.

HB 291 by Murr (R-Junction): Amends Chapter 521, Transportation Code, to place new restrictions on the issuance or renewal of occupational driver’s licenses. Bars a person from applying for a license if: (1) DPS determines that the person is incapable of operating a motor vehicle under Ch. 524; (2) the person does not hold a driver’s license and is ineligible to obtain one because of a suspension order, including an order due to a conviction or under Chapters 524 or 724 (intoxication); (3) the person is ineligible because the person holds a driver’s license issued by another state or country that was revoked, suspended, or canceled for a cause other than physical or mental impairment. Provides that an occupational driver’s license does not authorize a person to operate a commercial motor vehicle to which Chapter 522 applies (moving offenses). Establishes a procedure for petitioning a court to accept applications for a license. Referred to House Criminal Jurisprudence on 2/23.

HB 356 by C. Bell (R-Magnolia): Grants immunity from liability to a person with control over the premises of a business who gives permission to a concealed carry license holder to carry a concealed firearm on the premises solely on the basis of the permission. Provides that the lack of an oral or written communication indicating that concealed firearms are prohibited on the premises constitutes permission to carry on the premises. Referred to House Judiciary on 3/23.

HB 527 by Wu (D-Houston): Amends the Texas Citizens Participation Act (Ch. 27, CPRC) to exempt from the application of the Act a legal malpractice claim.  Referred to House Judiciary on 2/23.

HB 515 by Meza (D-Irving): Adds Chapter 121, Business & Commerce Code, to require an original manufacturer of electronics-enabled heavy equipment, including parts for the equipment, sold or used in this state to make available on fair and reasonable terms to any independent repair provider or owner of such equipment; (1) documentation, replacement parts, and tools; and (2) documentation, replacement part, or tool necessary to disable and reset a lock when disabled in the course of diagnosis, maintenance, or repair of the equipment. Bars a provision in an agreement between an authorized repair provider and original equipment manufacturer purporting to waive or otherwise limit the original manufacturer’s obligation under the act. Does not require an authorized repair provider to make documentation, parts, and tools available for a fair and reasonable terms. Makes a violation a deceptive trade practice under Chapter 17, Business & Commerce Code.

HB 603 by Shaheen (R-Plano): Adds Chapter 128A, CPRC, to bar a civil action against a person who reports suspicious activity to law enforcement if the person acted as a reasonable person would in the same or similar circumstances and with a reasonable belief that the suspicious activity constituted or was in furtherance of a crime, including an act of terrorism.

HB 1079 by Martinez (D-Weslaco): Requires food service establishments that prepares food items containing peanuts or a peanut product to conspicuously post a warning sign in the area where food is consumed or on the menu.

HB 1080 by Martinez (D-Weslaco): Permits a food service establishment to require each employee whose position requires regular interaction with customers consuming food on the premises to hold a certification in cardiopulmonary resuscitation.

HB 1372 by Cody Harris (R-Palestine): Adds Chapter 100C, CPRC, to limit the cause of action for public nuisance. Excludes the following claims, actions, or conditions from giving rise to a public nuisance cause of action: (1) an action or condition authorized, approved, or mandated by a court order; (2) an action or condition authorized, approved, or mandated by a statute, ordinance, regulation, permit, order, rule, or other measure issued, adopted, promulgated, or approved by the federal government, a federal agency, a state, a state agency, or a political subdivision; (3) a claim based on the manufacturing, distribution, selling, labeling, or marketing of a product, regardless of whether the product is defective; or (5) any other claim, action, or condition determined by common law not to constitute or give rise to a cause of action for public nuisance. Prohibits a governmental entity from recovering economic, noneconomic, or exemplary damages in a public nuisance action. Provides that a financial expenditure made by a governmental entity related to the remediation, abatement, or injunction of an unlawful condition does not constitute an injury sufficient to confer standing to file or maintain a public nuisance action. Allows an individual to bring a public nuisance action only for compensatory damages for an injury caused to the individual that is different in kind, not just in degree, from an injury suffered by the public. Bars a public nuisance action for interference with the use or damage to public land, air, or water with only personal, spiritual, cultural, or emotional significance to the individual. Bars the aggregation of private nuisance claims to produce a violation of established public rights.

HB 1553 by Ashby (R-Lufkin): Amends § 2151.002(1), Occupations Code, to exclude from the definition of “amusement ride” certain challenge courses and waterslides.

HB 1594 by Campos (D-San Antonio): Requires a social media company that discovers a person using the site to promote prostitution or human trafficking to preserve the content, notify appropriate law enforcement, remove the content, and either suspend the account or issue a warning to the account holder. Creates a Class A misdemeanor for violations.

HB 1727 by Hernandez (D-Houston): Requires day care centers to place video recording equipment in areas where children are present, record when children are present, and retain the video for thirty days. Limits those who may view the video to an employee who is involved in an alleged incident documented by the video and reported to the commission, a parent of a child involved in an alleged incident, and appropriate commission, department, or law enfordement personnel.

HB 1745 by Leach (R-Plano)/HB 901 by Nichols (R-Jacksonville): Adds Chapter 150E, CPRC, to require a claimant bringing a personal injury action against a transportation network company to file with the petition (or at the initiation of arbitration) an affidavit by claimant’s counsel setting forth specifically for each theory of recovery (1) the negligence, if any, or other action, error, or omission of the company; and (2) the factual basis for each claim. Further requires a third-party expert affidavit attesting that the damages exceed the applicable insurance coverage. Requires a court or arbitration tribunal to dismiss the action for failure to file the affidavits. Makes an order granting or denying a motion to dismiss immediately appealable as an interlocutory appeal or grounds to file an application to a court to review the order of the arbitration tribunal. Provides that the transportation network company may not be held vicariously liable if the company did not commit a state or federal crime and has fulfilled its obligations with respect to the company driver under Chapter 2402, Occupations Code.

HB 1808 by Jones (D-Houston): Requires a peace officer employed by a law enforcement agency, as a condition of employment, to obtain and maintain liability insurance covering damages resulting from misconduct, including intentional, negligent, and willful acts, committed while acting in the scope of employment.

HB 1868 by Campos (D-San Antonio): Requires the HHSC commissioner to adopt minimum standards for the staff-to-resident ratio in assisted living facilities based on scientific evidence and consideration of the increased need for supervision of residents with Alzheiner’s disease or related disorders.

HB 2308 by Ashby (R-Lufkin): Amends Chapter 251, Agriculture Code, to further limit nuisance actions against agricultural operations to require the claimant to prove each element of the action by clear and convincing evidence. Expands the limits to any action to restrain an agricultural operation. Expands the definition of “agricultural operation” to include hay and other forages and raising or keeping livestock or poultry for purposes of veterinary services. Eliminates the exception giving a municipality authority to enforce state law. Expands the liability of a person who brings an improper nuisance action against an agricultural operator to include any damages found by the trier of fact (already allows recovery of costs and attorney’s fees). Eliminates local government authority to regulate the construction of an agricultural improvement. Adds to the definition of “agricultural land” any land on which agricultural operations exist or may take place, regardless of the land’s qualification for appraisal as agricultural land. Adds to the definition of “agricultural improvement” an arena, implements used for management functions, and equipment necessary to carry out agricultural operations.

HB 2342 by Guillen (R-Rio Grande City): Limits civil actions for negligence against licensed funeral homes to those brought by the decedent’s spouse, adult child, parent, or adult sibling.

HB 2431 by Johnson (D-Farmer’s Branch): Repeals §75.004(b), CPRC, which requires the owner, lessee, or occupant of agricultural land used for recreational purposes to carry liability insurance.

HB 2636 by Murr (R-Junction): Adds Chapter 75B, CPRC, to limit the liability of a recreational vehicle park or campground for personal injury, death, or property damage of a participant in park or campground activities if the park posts a warning sign as prescribed by the statute. Does not limit liability if the park or campground’s negligence evidences disregard for the participant’s safety, the park or campground had actual knowledge of or reasonably should have known of a dangerous condition on the land, facilities, or equipment of the park or campground, failed to train or improperly trained an employee involved in the activity, or acted intentionally.

SB 58 by Zaffirini (D-Laredo)/HB 2336 by Thimesch (R-Carrolton): Adds Chapter 328, Business & Commerce Code, to prohibit the sale or use of any technology, device, or software in the sale of a good on an Internet website that: (1) functions as a bypass in the purchasing process; (2) disguises the identity of the purchaser; (3) permits the purchase of a quantity of goods exceeding the maximum number that may be sold to one purchaser as specified by the seller or operator on the website; (4) allows for the unauthorized access to or identification of gift card information; or (5) circumvents a security measure, access control system, or other control, authorization, or measure in the purchasing process. Enforcement by the attorney general, who may recover court costs, attorney’s fees, and investigation fees. Referred to Senate Business and Commerce on 2/15.

HB 618 by Darby (R-San Angelo)/SB 502 by Hughes (R-Mineola): Amends § 123.003, Natural Resources Code, to expand tort immunity for a producer of drill cuttings if: (1) the producer has a legal or contractual right to transfer the drill cuttings to an unaffiliated third-party permit holder in an arm’s length transaction, (2) the method and location of the use or disposal are not prohibited by law, contract, or other written agreement, and (3) the consequence was caused solely by the permit holder. Expands the definition ot permit holder to include a commercial oil and gas waste disposal facility. Referred to House Energy Resources on 2/23. SB 502 referred to Senate Natural Resources/Economic Development on 2/17.

SB 694 by Hughes (R-Mineola): Adds § 84.0067, CPRC, to confer immunity from liability to a religious organization or security personnel of a religious organization for death, damage, or injury if the personnel was acting in the course and scope of employment or volunteer duties or functions to provide security services. Referred to Senate State Affairs on 2/17.

SB 815 by Perry (R-Lubbock): Amends § 75.006, CPRC, to provide immunity from liability for a landowner or lessee for damages arising from an occurrence involving livestock, whether or not on the property, due to an act or omission of a trespasser or a third party who damages a fence on the property, or due to wildlife, an act of God, or another cause beyond the control of the landowner or lessee. Extends the same immunity to the owner, lessee, or occupant of agricultural land for any damage or injury arising from the actions of a trespasser, a third party, or wildlife, an act of God, or circumstances beyond the control of the owner, lessee, or occupant. Further provides immunity from liability for damages arising from the action of an individual who enters or causes another person to enter the agricultural land without the permission of the owner, lessee, or occupant because of the actions of a trespasser, a third party, or wildlife, an act of God, or circumstances beyond the control of the owner, lessee, or occupant.

SB 1014 by Hughes (R-Mineola): Imposes civil and criminal penalties on a person who, without the express consent of the individual or the individual’s authorized representative, obtains the individual’s genetic material or information, performs any analysis or test of the individual that requires the material or information, retains the material or information, or discloses the material or information (except under limited circumstances). Authorizes the attorney general to seek civil penalties for violations and to recover costs and attorney’s fees. Creates a private cause of action against a violator for equitable relief and authorizes recovery of attorney’s fees and costs. Waives sovereign immunity.

SB 1034 by Middleton (R-Galveston): Adds Chapter 100C, CPRC, to limit the cause of action for public nuisance. Excludes the following claims, actions, or conditions from giving rise to a public nuisance cause of action: (1) an action or condition authorized, approved, or mandated by a court order; (2) an action or condition authorized, approved, or mandated by a statute, ordinance, regulation, permit, order, rule, or other measure issued, adopted, promulgated, or approved by the federal government, a federal agency, a state, a state agency, or a political subdivision; (3) a claim based on the manufacturing, distribution, selling, labeling, or marketing of a product, regardless of whether the product is defective. Bars the aggregation of private nuisance claims to produce a violation of established public rights.

Health Care Liability

HB 41/HB 122 by Toth (R-The Woodlands)/SB 250 by Hall (R-Edgewood): Prohibits a physician or health care provider from providing care for the purpose of transitioning a child’s biological sex. Prohibits a professional liability insurance policy issued to a physician or health care provider from covering damages arising from the provision of such care. Makes the provision of such care a prohibited practice under § 164.052, Occupations Code. Referred to House Public Health on 2/23. SB 250 referred to Senate State Affairs on 2/15.

HB 42 by Toth (R-The Woodlands)/HB 436 by Patterson (R-Frisco): Amends the definition of “child abuse” in §261.001, Family Code, to apply to a medical professional or mental health professional who provides gender transitioning or gender affirming care. Referred to House Public Health on 2/23.

HB 49 by Klick (R-Fort Worth): Makes certain information related to an investigation of a hospital or licensed mental hospital by the Health and Human Services Commission subject to the Open Records Act (Ch. 552, Government Code). These include notices of violations, the number of investigations of the hospital, the pleadings in an administrative proceeding to impose a penalty on a hospital, the outcome of the investigation, and the commission’s investigative report or order addressing the alleged violations. Requires the commission to post the information on its website not later than the 90^th day after it issues its final decision, investigative report, or order. Referred to House Public Health on 2/23.

HB 112 by Howard (D-Austin)/SB 240 by Campbell (R-San Antonio): Requires hospitals, nursing facilities, ambulatory surgical centers, freestanding emergency medical facilities, and other health care facilities to establish a workplace violence prevention committee and develop a plan to prevent workplace violence. Following an incident of workplace violence, requires a facility to provide immediate services, including necessary acute care treatment. Bars a facility from discriminating against a person who in good faith reports an incident of workplace violence. Gives enforcement authority to the appropriate licensing authority. Referred to House Public Health on 2/23. SB 240 referred to Senate Health and Human Services on 2/15.

HB 148 by Julie Johnson (D-Farmers Branch): Increases the size of the Texas Medical Disclosure Panel from 9 to 11 members, at least one of which must be a person board certified in personal injury trial law. Bars the appointment of a registered lobbyist, a health care provider or a provider’s spouse, or a person who works in a health-care related field, including insurance. Referred to House Judiciary on 2/23.

HB 233 by Murr (R-Junction)/SB 831 by Flores (R-Austin): Requires an inpatient mental health facility, treatment facility, or hospital that provides comprehensive medical rehabilitation services to provide four hours of continuing inservice training of employees regarding identification of patient abuse or neglect. Referred to House Public Health on 2/23.

HB 248 by Murr (R-Junction): Establishes a task force on patient solicitation by mental health and chemical dependence facilities. Includes Internet solicitation in the regulated forms of media advertising. Prohibits a facility from contracting with a marketing provider who agrees to provide general referrals or leads to prospective patients through a call center or website, unless the terms of the contract are disclosed to the prospective patient. Prohibits false and misleading statements about a facility’s services or location in advertising media or on a website. Prohibits a person from receiving a commission or any benefit for securing or soliciting a patient for or from a person licensed, certified, or registered by a state health care regulatory agency. Increases criminal and civil penalties for violations. Referred to House Public Health on 2/23.

HB 326 by Goodwin (D-Austin): Requires a health facility to remove all medical equipment from a deceased individual’s body before transferring the body to a funeral director. Enforceable by an administrative penalty of $500 per violation. Referred to House Public Health on 3/23.

HB 536 by Wu (D-Houston): Amends § 74.301, CPRC, to index the $250,000 cap on noneconomic damages in health care liability cases by the CPI from September 1, 2003 to the time when damages are awarded in a judgment or settlement. Indexes both liability limits and financial responsibility amounts. Referred to House Judiciary on 2/23.

HB 888 by Slawson (R-Stephenville): Adds § 74.252, CPRC, to extend the statute of limitations for a claim by a minor based on the administration of a puberty suppressing drug or cross-sex hormone to or the performance of surgery or another medical procedure on the minor for the purpose of gender transitioning or gender reassignment. Provides that such that a claim must be brought by the minor’s 25^th birthday, rather than the 14^th birthday for all other health care liability claims.

HB 1543 by Oliverson (R-Cypress): Provides immunity to the commissioner or chief medical executive of HHSC for consequences arising from a general standing order prescribing an opioid antagonist.

HB 1593 by Campos (D-San Antonio): Requires long-term care facilities to designate a quality assurance committee to conduct an annual review of the facility’s infection prevention and control program and to present its findings to facility residents and personnel at a meeting that is open to the public. Requires a facility to designate a primary and secondary infection preventionist responsible for reporting, investigation, record maintenance, and implementation of such programs. Authorizes the commission to assess administrative penalties for failure to comply.

HB 1692 by Frank (R-Wichita Falls): Bars a health care provider from charging a facility fee. Enforcement by administrative penalty assessed by HHSC.

HB 1791 by Y. Davis (D-Dallas): Amends §74.351(r)(5), CPRC, to add a chiropractor or physician to the definition of “expert” for the purpose of giving opinion testimony about the causal relationship between the injury, harm, or damages claimed and the alleged departure from the standard of care for a chiropractor. Adds §74.403(c-1), CPRC, to permit a chiropractor to give opinion testimony in a health care liability claim against a chiropractor.

HB 1873 by Campos (D-San Antonio): Establishes a patient’s bill of rights focused on the patient’s right to direct his or her care by an appropriately qualified physician, rather than a non-physician provider. Establishes informed consent requirements. Requires a provider, among other things, to give the patient information about deviating from the standard of care because of cost, health benefit plan coverage, or hospital supply shortage. Requires the provider to provide cost of service information, including information about the patient’s coverage or whether a provider is an independent contractor who bills separately. Establishes a complaint procedure to HHSC and the relevant regulatory and licensing agencies and imposes administrative penalties for violations. Prohibits deceptive or misleading advertising about a provider’s qualifications, education, training, or licensure status, enforceable by disciplinary action.

HB 2301 by Thierry (D-Houston): Requires nursing facilities and assisted living facilities to install an operational emergency generator or comparable emergency power source and a sufficient amount of fuel to operate the generator or power source for 72 hours. Requires compliance by September 1, 2024.

HB 2324 by Allison (R-San Antonio): Amends § 241.009, Health and Safety Code, to add to the requirement that photo identification badges for hospital providers specify the license the provider holds to include hearing instrument fitters and dispensers, licensed dyslexia practitioners or therapists and athletic trainers. Bars the use of the term “resident” unless the person is a graduate of a medical school and receiving graduate medical training. Allows the attorney general to collect a civil penalty for hospital license violations. Allows the department to consider the amount necessary to deter future violations and the hospital’s efforts to correct the violation in assessing a penalty. Requires the same photo ID badge requirement to freestanding emergency health care facilities as apply to hospitals and allows the attorney general to recover reasonable costs, expenses, and attorney’s fees in an action to enforce or collect a penalty. Adds § 254.208, Health and Safety Code, to authorize a civil penalty payable to the state not to exceed $1,000 for each day a violation continues (freestanding emergency health care facilities). Authorizes the attorney general, a district or county attorney, or municipal attorney to file suit to collect the penalty and recover reasonable expenses and attorney’s fees. Amends § 101.201, Occupations Code, to add to the definition of “false, misleading, or deceptive advertising or advertising not readily subject to verification to include advertising that uses a title, term, or other words that misstate, falsely describe, falsely hold out, or falsely detail the health care professional’s skills, training, expertise, educational degree, specialty certification, or licensure. Requires an advertisement to include the name of the health care professional and his or her professional identification. Establishes a broad definition of “advertising.” Makes similar changes to Chapter 104, which regulates healing arts practitioners and adds administrative penalty authority to that chapter. Adds § 165.1565, Occupations Code, which governs penalties, to define “medical or medical specialty title” as 39 distinct licenses and specialties. Bars a person not licensed to practice medicine by the board from using or publicly displaying a medical or medical specialty title in connection with the person’s name or from indicating or inducing another to believe that the person is an attending doctor or physician. Makes conforming changes to Chapter 204 (physician assistants) and Chapter 301 (nurses). Establishes a criminal penalty (Class A misdemeanor) if a person providing a nursing education program uses the term “residency” or “fellowship” in the name of the program.

HB 2551 by Shaheen (R-Plano): Provides that a physician who enters into a collaborative practice agreement with an associate physician is responsible for the oversight of and is liable for any medical act performed by the associate physician in the practice of medicine. Provides for the licensing of associate physicians.

HB 2556 by Oliverson (R-Cypress): Makes a physician who enters into a supervising agreement with a physician graduate response for the oversight of and is liable for any medical act performed by the physician graduate in the provision of primary care services. Provides for the licensing of physician graduates. Allows an insured to select a physician graduate to provide a scheduled service within the scope of the graduate’s license.

SB 297 by Hall (R-Edgewood): Requires hospitals to adopt and enforce a “patient’s bill of rights” with enumerated responsibilities and duties. Authorizes HHSC to assess an administrative penalty of $1,000 for each violation and allows the attorney general to sue to collect the penalty. Establishes multiple bases for civil liability against hospitals and associated health care providers. Referred to Senate Health and Human Services on 2/15.

SB 298 by Hall (R-Edgewood): Creates a private right of action against a health care provider for failing to obtain an informed consent before immunizing a child. Allows recovery of attorney’s fees, court costs, investigation costs, witness fees, and deposition expenses. Provides that the cap on punitive damages does not apply to the action.

SB 299 by Hall (R-Edgewood): Requires a hospital to allow a physician who is not a member of the hospital’s medical staff to provide care or treatment to a patient at the hospital at the patient’s request. Provides that a hospital is not liable for damages resulting from treatment provided by a non-staff physician. Does not provide immunity for other hospital providers acting under the direction of a non-staff physician.

SB 300 by Hall (R-Edgewood): Allows a pharmacist to refuse to dispense an abortion-inducing drug or a Schedule II-V controlled substance.

SB 301 by Hall (R-Edgewood): Prohibits a health care licensing agency from taking adverse action against a health care provider or pharmacist that prescribes, dispenses, administers, or otherwise provides invermectin or hydroxychloroquine to a patient. Prohibits a pharmacist from contacting a provider to dispute the efficacy of those drugs. Provides immunity to providers for negligence.

SB 302 by Hall (R-Edgewood): Creates a private cause of action by an employee or the employee’s legal representative against an employer for damages arising from adverse health events resulting from the employer’s vaccine requirement for employees. Allows recovery of attorney’s fees and costs. Provides that the exclusive remedy of workers’ compensation does not apply to the action.

SB 303 by Hall (R-Edgewood): Prohibits a health care provider who participates in Medicaid or CHIP from refusing services to an individual based on failure to obtain a vaccination for a particular infectious or communicable disease. Requires the commission to disenroll a provider who does so.

SB 304 by Hall (R-Edgewood): Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit plan from discriminating against a provider based on the vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child. Bars the state or a local government from requiring vaccines. Bars a health care provider from disclosing a person’s vaccination history. Abolishes all child vaccine requirements. Referred to Senate State Affairs on 2/15.

SB 305 by Hall (R-Edgewood): Imposing new reporting requirements on a person who administers a vaccine. Subjects a person who violates the reporting requirements to disciplinary action by the appropriate licensing agency. Creates a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs. Requires a school, institution of higher education, child care facility, state public health official, medical service, long-term care provider, and employer to accept a health exemption from a vaccine requirement without question. Provides for disciplinary action against a license holder and a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs. Referred to Senate Health and Human Services on 2/15.

SB 314 by Hall (R-Edgewood): Prohibits a person from selling a fetal tissue food product, medical product, or cosmetic product (including a product “derived from research using fetal human tissue” without a clear and conspicuous label prescribed by HHSC. Referred to Senate Health and Human Resources on 2/15.

SB 490 by Hughes (R-Mineola)/HB 1973 by Harris (R-Round Rock): Requires a health care provider to provide an itemized billing statement if the provider requests payment from a patient for a health care service or related supply. Prohibits a provider from pursuing debt collection if the provider did not provide the itemized statement. Referred to Senate Health and Human Services on 2/17.

SB 666 by Hall (R-Edgewood): Amends Chapter 154, Occupations Code, to limit the persons who may file a complaint with the Texas Medical Board regarding a license holder to the license holder’s patient or a person directly involved in the care of the license holder’s patient. Establishes requirements for the form of complaint. Requires the board to complete its investigation of a complaint within 180 days. Bars the board from investigating a complaint that is more than 3 years old and complaints involving care provided to a person 17 years of age or younger unless the complaint is filed on or before the person’s 20^th birthday. Requires review of a complaint against a physician to be conducted by a licensed physician engaged in the active practice of medicine. Requires at least 6 of 8 members of a panel of reviewing physicians to find that the physician’s conduct falls below the acceptable level of care in order for the board to discipline the physician. Referred to Senate Health and Human Services on 2/17.

SB 826 by Hughes (R-Mineola): Requires a covered entity that restricts a parent’s access to electronic health records of a minor 13 years of age or older must notify the parent in writing that the parent may access the child’s records by contacting the entity.

SB 831 by Flores (R-Austin): Requires four hours of inservice training for new employees and four hours for continuing employees designed to assist employees and health care professionals associated with an inpatient mental health facility, treatment facility, or hospital that provides comprehensive medical rehabilitation services in identifying patient abuse or neglect and illegal, unprofessional, or unethical conduct by or in the facility.

SB 945 by Kolkhorst (R-Brenham): Amends §§ 327.001 and 327.008, Health and Safety Code, to expand the commission’s administrative penalty authority over hospitals that violate Chapter 327’s requirements for price disclosure to freestanding emergency medical care facilities, urgent care or retail clinics, outpatient clinics, birthing centers, ambulatory surgical centers, or other facilities licensed to provide health care services in the state.

Employment Law

HB 79 by Talarico (D-Austin): Adds Chapter 25, Labor Code, to prohibit an employer from discriminating against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee gives reasonable notice prior to the required service. Prohibits employment discrimination against an employee who is the victim of a crime and takes time off to appear in court under a subpoena. Prohibits employment discrimination against an employee who takes time off to obtain injunctive relief to help ensure the health, safety, or welfare of the victim or their child. Requires the employee to provide certification to the employer of the reason the employee took time off. Prohibits employment discrimination against an employee who is the victim of a crime or abuse, if the employee provides notice or the employer has actual notice. Requires an employer to make reasonable accommodations for a victim of domestic abuse, stalking, or sexual assault if the victim requests it. Referred to House International Relations/Economic Development on 2/23.

HB 307 by Bernal (D-San Antonio)/HB 1298 by Bernal (D-San Antonio): Adds Chapter 83, Labor Code, to require employers to provide paid sick leave annually. Referred to House International Relations and Economic Development on 2/23.

HB 404 by Collier (D-Dallas): Requires private employers to provide paid leave annually. Requires employers with 75 or fewer employees to provide paid leave after the second anniversary date of the date the employer hires its first employee. Provides that paid leave accrues at one hour for each 30 hours worked up to a maximum of 40 hours per calendar year. Entitles an employee to carry over 40 hours of unused leave to the next year, unless the employer pays the employee for the unused leave or offers the full amount of leave expected to accrue in the following year. Requires an employee to work at least 18 hours a week to use paid leave. Prohibits an employer from taking an adverse employment action against an employee who requests or uses paid leave or who files a complaint with the TEC. Imposes an administrative penalty of $500 for a violation involving retaliation against an employee, $100 for other violations. Imposes liability on an employer of employee who prevails in a civil action for lost wages, salary, benefits, or other compensation, as well as equitable relief, including reinstatement or promotion. Allows the court to award reasonable attorney’s fees, expert witness fees, and other costs to the employee. Referred to House International Relations/Economic Development on 2/23.

HB 425 by Vandeaver (R-New Boston): Prohibits an employer with 20 or more employees for discriminating against an employee who is a volunteer first responder and who misses work because the employee is responding to an emergency in the employee’s capacity as a volunteer first responder. Creates a civil cause of action against the employer for lost wages and benefits and equitable relief. Referred to House Business and Industry on 2/23.

HB 494 by Meza (D-Irving): Entitles an employee who has worked for an employer for at least one year to up to 30 days of leave to attend to the employee’s own serious health condition or the serious health condition of the employee’s spouse, child, grandchild, sibling, parent, parent-in-law, grandparent, or grandparent-in-law. Also extends to the birth of a child or care or services necessary if the employee or member of the employee’s family are a victim of family violence, sexual assault or abuse, stalking, or trafficking. Does not require leave to be paid but entitles the employee to wage replacement benefits for leave taken. Provides that if the employer offers paid leave, an employee is entitled to the average amount that would have been paid to the employee during the pay period. Does not entitle an employee to accrual of seniority or other employment benefits during the leave period or any right, benefit, or position the employee was not previously entitled to. Creates a wage replacement benefit fund funded by employee contributions of .25% of the employee’s monthly pay. Makes violations of this chapter unlawful employment practices. Referred to House International Relations/Economic Development on 2/23.

HB 528 by Wu (D-Houston): Requires an employer to allow an employee time off for injuries suffered by the employee or employee’s child as a result of family violence or a violent felony offense. Allows 30 working days of leave for in any 12-month period. Requires an employee to certify to the employer within a reasonable time of the employee’s initial absence from work. Requires an employee with existing leave time, personal leave time, sick leave time, or compensatory leave time to use that leave time for a planned absence. Does not require the employer to compensate the employee for leave unless the employee is otherwise entitled to compensation for other leave used. Entitles an employee who returns from leave reinstatement to the employee’s former or a comparable position and any benefits accrued before the employee took time off. Prohibits employer retaliation. Referred to House International Relations/Economic Development on 2/23.

HB 723 by S. Thompson (D-Houston)/SB 108 by Menendez (D-San Antonio): Adds § 21.202(a-2) to provide that an unlawful employment practice occurs each time a discriminatory compensation decision or other discriminatory practice affecting compensation is adopted, an individual becomes subject to the decision or practice, or an individual is adversely affected by application of the decision or practice. Amends § 21.258, Labor Code, to provide that liability may accrue, and an aggrieved individual may obtain relief (including back pay), if the unlawful practices that occurred during the period for filing a complaint are similar or related to discrimination in compensation that occurred outside the period. Makes it an unlawful employment practice for an employer to inquire into an applicant’s wage history information from the applicant or a previous employer or requires disclosure of the information as a condition of employment. Provides for enforcement by the commission in accordance with Chapter 21. SB 108 referred to Senate Natural Resources/Economic Development on 2/15.

HB 725 by Rose (D-Dallas): Bars an insurer from refusing to insure or provide coverage, limit the amount, extent, or kind of coverage, or charge a different rate based on the individuals’ sexual orientation or gender identity or expression. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against an individual based on sexual orientation or gender identity or expression.

HB 1043 by Hinojosa (D-Austin): Prohibits a private employer to require an employee whose compensation is the greater of the federal minimum-wage employee or $15/hour from signing a covenant not to compete. Makes such an agreement void and unenforceable.

HB 1215 by Cook (R-Mansfield): Prohibits the state or a political subdivision (other than a school district or law enforcement agency) from asking a job applicant about his or her criminal history. Allows the public entity to establish job qualifications that exclude people with specific criminal convictions and permits the entity to ask on the application whether the applicant has any convictions that would disqualify him or her. Does not prohibit the employer from obtaining a criminal history background check on the applicant once a job offer has been made.

HB 1549 by Romero (D-Fort Worth): Amends § 61.053, Labor Code, to require the Workforce Commission to assess administrative penalties against an employer who in bad faith fails to pay wages to an employee (current law makes this discretionary). Defines “bad faith” as a history of previous violations, discriminatory or retaliatory action, failure to pay to multiple employees at one time, failure to pay when the employer knows it’s against state law, failure to pay due to the employer’s reckless disregard for the employee.

HB 1806 by Morales Shaw (D-Houston): Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against an individual based on sexual orientation or gender identity or expression.

HB 1810 by Cain (R-Houston): Bars a local entity or institution of higher education from employment discrimination against an employee who reports a policy, pattern, or practice of non-enforcement of immigration laws to a law enforcement authority.

Construction Law/Freedom of Contract

HB 217 by Murr (R-Junction)/HB 2621 by Murr (R-Junction): Amends § 53.024, Property Code, to provide that the amount of a subcontractor’s lien may be the contract price less previous payments received by the original contractor and the claimant on the subcontractor. Referred to House Business and Industry on 2/23.

HB 495 by Meza (D-Irving): Mandates a governmental entity that contracts with a construction contractor to require in the contract at least a 10-minute paid rest break for every four hours worked. Authorizes a governmental entity to impose an administrative penalty of not less than $100 or more than $500 for each day an employee is not give a required rest break. Referred to House State Affairs on 2/23.

HB 679 by K. Bell (R-Forney): Adds § 272.003, Business & Commerce Code, to make voidable an offer to contract that requires a person to have a specified experience modifier in order to accept the offer, as well as a contract solicitation that requires a person to have a specified experience modifier in order to submit a response to the solicitation.  Referred to House Business and Industry on 2/23.

HB 1054 by Turner (D-Arlington): Adds Subchapter L, Chapter 301, Labor Code, to require a contractor to “properly classify each individual providing construction services as either an employee or an independent contractor in accordance with” TWC rules. Provides that an individual may not be considered an employee solely on the basis the individual must submit to a criminal background check or preemployment drug screening or possess a certain license or certification relating to the work the individual will perform. Provides that the contractor is not required to report an individual as an employee if the contractor shows that the individual is an independent contractor, provides a 1099 or equivalent form, and files the form with the IRS. Exempts governmental entities and religious organizations. Establishes a complaint procedure. Imposes administrative penalties on contractors for misclassifying employees. Requires TWC to report violations to a government entity that the commission reasonably believes has received construction services provided by the contractor. Requires TWC to compile an annual report detailing violations.

HB 1056 by Hinojosa (D-Austin): Requires an investment firm or financial institution that owns and offers for lease a dwelling in this state to register with the comptroller. Requires the comptroller to compile and maintain the information in a publicly accessible registry.

HB 1057 by Hinojosa (D-Austin): Bars an investment firm from entering into an executory contract to purchase a single-family home that is listed for sale before the 30^th day after the date the home is listed. Makes a contract entered into before that date voidable by the seller.

HB 1075 by Harris (R-Palestine): Prohibits a foreign government, company directly or indirectly controlled by a foreign government, or company or entity owned by or the majority of stock or other ownership interest of which is held or controlled by a foreign government or foreign government controlled entity, from acquiring an interest in agricultural land.

HB 1089 by Rosenthal (D-Houston): Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel. Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies.

HB 1090 by Rosenthal (D-Houston): Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel.

HB 1091 by Rosenthal (D-Houston): Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies.

HB 1092 by Rosenthal (D-Houston): Repeals Chapter 2274, Government Code, which bars governmental entities from contracting with companies that boycott businesses that manufactures firearms or ammunition.

HB 2022 by Leach (R-Plano)/SB 873 by King (R-Weatherford): Makes several changes to Chapter 27, Property Code (residential construction liability). Provides that a contractor is liable only to the extent a defective condition proximately causes actual physical damage to the residence, an actual failure or lack of capability of a building component to perform its intended function or purpose, or an imminent danger to the safety of the occupants of the residence. Provides that a contractor is not liable for for damages caused by the failure of a person other than the contractor to timely notify the contractor of a construction defect. Provides that a contractor is not liable for normal cracking or shrinkage cracking. Provides that to maintain a breach of a warranty of habitability, a claimant must establish that a construction defect existed in the residence on the date the residence was completed or title was conveyed to the original purchaser and the defect has rendered the residence uninhabitable. Requires the claimant to act with reasonable diligence after discovery and investigation o the defect to send pre-suit notice to the contractor. Allows the contractor uip to three inspections during the 35-day right to cure period. Provides that if a court or arbitration tribunal may award attorney’s fees to a contractor if the action is abated because the claimant failed to send the pre-suit notice or did not permit an inspection. Limits recoverable damages only to economic damages listed in the statute. Authorizes the court or arbitration tribunal to order that an offer of settlement by the contractor made after the applicable deadline is timely if the claimant failed to provide required written notice, failed to provide the contractor with evidence of the defect, or amended a claim to add a new alleged defect (or under circumstances beyond the contractor’s control). Provides that limitations applies the same to an arbitration proceeding as to a filing in court. Repeals § 27.004(f) (limitations does not apply if the contractor fails to make a reasonable settlement offer), § 27.004(l), § 27.0042(b), and § 27.007(c).

HB 2024 by Leach (R-Plano): Amends § 16.008, CPRC, to require a person to bring a claim arising out of the design, planning, or inspection or a new residence, an alteration of or repair or addition to an existing residence, or an appurtenance to a residence against a registered or licensed architect, engineer, interior designer, or landscape architect no later than 8 years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment. Amends § 16.009, CPRC, to establish an 8-year limitations period in a similar action against a person who constructs or repairs the improvement. Establishes a 5-year limitations period if the defendant is a contractor who has provided a written warranty for the residence. Provides that a written warranty must provide a minimum period of one year for workmanship and materials, two years for plumbing, electrical, and HVAC, and five years for major structural components.

HB 2206 by Patterson (R-Frisco): Bars a social media platform from operating in Texas if the platform was developed or provided by a governmental entity or other entity of China, Iran, North Korea, or Russia.

HB 2310 by Canales (D-Edinburg): Adds Chapter 28, CPRC, to govern commercial construction defect litigation. Requires a claimant asserting a defect to describe as to each defendant the specific defect giving rise to the claim, state the factual basis for the claim, and be verified by a person with knowledge of the facts stated in the petition. Allows a defendant to move to dismiss for failure to comply with the pleading requirement, subject to repleading to correct deficiencies. Requires a hearing on the motion to dismiss within 30 days of service of the motion, unless extended for good cause or by consent. Provides that failure to file a compliant pleading does not toll limitations. Allows a defendant to move to dismiss based on a standard that no reasonable jury could find that the defendant’s services, labor, or materials caused or created the defect. Authorizes a court to award costs and attorney’s fees to a party that prevails in a motion to dismiss.

HB 2425 by Isaac (R-Dripping Springs): Bars a governmental entity from contracting with a Chinese entity.

HB 2584 by Paul (R-Houston): Voids a provision in a contract for appraisal services between a governmental agency and a provider of appraisal services that requires the provider to defend the governmental agency or to indemnify the agency for the agency’s sole or concurrent negligence.

HB 2657 by Leach (R-Plano): Amends § 272.001, Business & Commerce Code, to make a construction contract between an original contractor and owner voidable if the owner does not, on written request, provide a copy of any incorporated document on or before the 10^th da before the date the contract is executed. Allows the owner to redact information in the document that is not incorporated into the contract. Imposes the same requirement on a contract between a subcontractor and an original contractor and on a contract between subcontractors. Provides that a contract provision is voidable only to the extent of its applicability to the incorporated document. Allows a party to provide the incorporated documents by a link to the document on an Internet website or file hosting service that may be accessed by the other party free of charge. Prohibits waiver of these requirements.

SB 147 by Kolkhorst: Adds § 5.0051, Property Code, to prohibit China, Russia, Iran, and North Korea and any businesses directly or indirectly owned by their governments or individual citizens of those countries from acquiring title to real property in Texas. Referred to Senate State Affairs on 2/15.

SB 541 by Campbell (R-San Antonio): Bars the state or a political subdivision of the state from contracting with an entity that is barred from federal contracts under the John S. McCain National Defense Authorization Act of 2019, that contracts with a barred entity, or is designated a risk to state security by the governor. Referred to Senate Business and Commerce on 2/17.

SB 552 by Campbell (R-San Antonio): Bars a person from entering into an agreement related to agricultural land with a citizen of China, North Korea, Iran, Russia or other country designated by the governor. Referred to Senate Business and Commerce on 2/17.

SB 620 by Campbell (R-San Antonio): Prohibits state investment in entities that engage in scrutinized business operations with a designated significant foreign narcotics trafficker, defined as having a contract with or providing supplies to a trafficker, owning an equity share in a trafficker, being involved in a consortium or project commissioned by a trafficker, or do business with a company involved in such a consortium or project. Requires the comptroller to maintain a list of designated significant foreign narcotics traffickers and other related persons designated by the president or secretary of the treasury. Referred to Senate State Affairs on 2/17.

SB 680 by Johnson (D-Dallas): Expands the definition (§ 552.003(1-A), Government Code) of “contracting information” subject to disclosure under the Open Records Act to include financial documents relating to the receipt or expenditure of public funds by a governmental entity. Amends § 552.0222 to provide that exceptions to disclosure do not apply to communications between the entity and a vendor, contractor, potential vendor, or potential contractor relating to a contract. Requires such information to be released in unredacted form. Bars a governmental entity from requesting an AG’s decision regarding disclosure of such information. Requires that information to be disclosed if held by a law enforcement agency or prosecutor.

Raises the standard for nondisclosure of a bidder’s internal business organization and operations to require a “substantial” competitive advantage if discovered by a competitor. Repeals § 321.0322(f), Tax Code, which exempts from disclosure information obtained by a governmental entity in regard to municipal sales and use taxes paid by businesses. Referred to Senate Business and Commerce on 2/17.

HB 1963 by Leach (R-Plano): Amends § 162.001, Property Code, to provide that funds reserved by the owner during the progress of work for purposes of a mechanic’s lien are trust funds. Amends § 162.003(a), Property Code, to provide that an artisan, laborer, mechanic, contractor, subcontractor, or materialman is a beneficiary of trust funds reserved under the mechanic’s lien retainage requirement (§ 53.101, Property Code). Amends § 162.034, Property Code, to require a court to award costs and attorney’s fees to a beneficiary who prevails in an action for misapplication of trust funds.

SB 711 by Perry (R-Lubbock): Requires a “prohibited foreign actor” to give a seller of real property in this state a written notification before closing of the actor’s inclusion in the most recent annual report on worldwide threats, known as the Annual Threat Assessment issued by the Director of National Intelligence. Requires a court to dismiss an action against the seller for revoking a promise to sell real property based on the notification.

SB 803 by Hughes (R-Mineola)/HB 2265 by Leach (R-Plano): Adds § 2252.909, Government Code, to prohibit a construction contract between a governmental entity and a contractor from prohibiting or limiting the award of compensatory damages to the contractor for a delay caused solely by the governmental entity. Provides that a waiver of this provision is void.

Procedure/Discovery/Privileges

HB 422 by Vandeaver (R-New Boston): Allows a juvenile court to conduct remote proceedings without the consent of the parties. Authorizes the court to conduct a detention proceeding remotely without consent of the parties.

HB 556 by Vasut (R-Angleton): Directs the supreme court to adopt rules allowing for documents containing alleged trade secrets to be filed under seal. Requires the rules to require the document to be filed with an affidavit describing the document and the basis for claiming trade secret privilege. Makes the affidavit open to public inspection. Requires the rules to provide for the unsealing of the documents on a motion by any person on a showing of a specific, serious, and substantial interest that clearly outweighs a presumption in favor of preserving the secrecy of trade secrets or a determination by the court that the document does not contain a trade secret. Requires adoption of the rule by January 1, 2024. Referred to House Judiciary on 2/23.

HB 616 by Vasut (R-Angleton): Requires at least one hour of the 20 hours of required continuing education for court clerks to concern the proper selection of grand and petit juries. Referred to House Judiciary on 2/23.

HB 698 by Neave Criado (D-Dallas)/SB 243 by Johnson (D-Dallas): Provides that on written request by an applicant or witness who is to be protected by a proposed protective order, the court shall provide a method by which the applicant or witness may appear remotely, unless the court finds good cause to deny the request. Referred to House Juvenile Justice on 2/23. SB 243 referred to Senate State Affairs on 2/15.

HB 955 by Dutton (D-Houston): Amends § 18.001, CPRC, to exempt a medical bill or other itemized statement of a medical or health care service charging $50,000 or less, an expense affidavit is not required to support a finding of fact that the amount charged was reasonable and necessary.

HB 1255 by Smithee (R-Amarillo): Adds § 16.073, CPRC, to provide that a party may not assert a claim in an arbitration proceeding that the party could not assert in court because the applicable limitations period had expired. Allows a party to assert such a claim if the party brough suit for the claim in court before the expiration of limitations, or the parties either agreed to arbitrate the claim or the court ordered the parties to arbitrate the claim.

HB 1561 by Smithee (R-Amarillo): Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under an abuse of discretion standard.

HB 2007 by Martinez (D-Weslaco): Amends § 150.002, CPRC, to provide that a third-party plaintiff that is a design-builder or design-build firm is not required to file a certificate of merit in connection with a third-party claim or cross-claim against a licensed or registered professional if the action or arbitration proceeding arises out of a design-build project in which a governmental entity contracts with a single entity to provide both design and construction services for a building or facility, a civil works project, or a highway project.

HB 2431 by Johnson (D-Farmer’s Branch): Adds §51.018, CPRC, to allow a party that files a notice of appeal to file an appendix that replaces the clerk’s record for the appeal. Requires the party to notify the court of appeals that it will file an appendix not later than the 10^th day after the notice of appeal is filed. Requires the appendix to be filed with the party’s appellant brief. Requires the brief and appendix to be filed not later than the 30^th day after the later of: (1) the date the party provided notice to the court of appeals; or (2) the date that a reporter’s record, if any, is filed with the court of appeals (except by order of the court or in an expedited proceeding). Requires the appendix to contain a file-stamped copy of each document required by Rule 34.5, TRAP, for civil actions and any other item the appellant refers to in its brief. Does not allow the appendix to include any document not filed with the trial court, absent agreement of the parties. Provides that the appendix becomes part of the appellate record and does not allow the appellate clerk to charge a fee for a clerk’s record if the appendix if filed. Provides a parallel procedure for criminal cases.

HB 2383 by Leach (R-Plano): Amends § 52.041, Government Code, to permit the judges of two or more courts of record that are not located in the same judicial district to agree to jointly appoint an official court reporter to serve the courts. Permits the judges to appoint a certified shorthand reporter and to permit the reporter to serve more than one court and serve remotely. Permits a deputy court reporter to serve remotely. Permits a certified shorthand reporter to administer oaths to witnesses without being at the same location as the witnesses. Requires an uncertified court reporter to engage in reporting to report an oral deposition only if the reporter delivers the required affidavit before the deposition begins (current law is “present at” the deposition) and requires the reporter to file the affidavit with the court, subject to civil penalty for failure to comply.

SB 520 by West (D-Dallas): Adds § 30.0065, CPRC, to bar a party in a civil case from producing or releasing material (1) received, made, or kept by an agency or program with the primary purpose of protecting, securing, or relocating witnesses, or (2) in the possession of the state and relating to the protecting, securing, or relocating a witness by an agency or program. Requires the trial court to place any material reviewed in camera under seal of the court to preserve the material for appellate review. Given a prosecutor or other attorney representing an agency or program standing in any civil action to oppose the disclosure of such information. Creates a Class A misdemeanor for unlawful disclosure of the material. Referred to Senate Criminal Justice on 2/17.

SB 896 by Hughes (R-Mineola): Amends § 51.014, CPRC, to provide that the denial of a motion to dismiss under the TCPA is not subject to the automatic stay if the order denying the motion states that the motion was: (1) denied as not timely filed under § 27.003(b), CPRC; (2) determined to be frivolous or solely intended to delay under § 27.009(b); or (3) denied because the action is exempt under § 27.010(a).

Insurance

HB 150 by Julie Johnson (D-Farmers Branch)/SB 1042 by Hughes (R-Mineola): Prohibits a claimant and an insurer that writes personal or commercial automobile insurance from entering into an oral release for claims arising out of property damage or injury for which the insurer may be liable under the policy. Referred to House Insurance on 2/23.

HB 287 by Julie Johnson (D-Dallas): Requires a residential property insurer in a policy that includes replacement cost coverage to pay at least 80% of the estimated cost or repair for a valid claim. Does not require the insurer to pay more than replacement cost for personal property of like kind and quality. Referred to House Insurance on 2/23.

HB 597 by Jetton (R-Richmond): Adds Chapter 1813, Insurance Code, to require property and casualty insurance policies to conform to the appraisal procedure established by statute. Establishes an appraisal process that allows either the policyholder or insurer to demand appraisal by written notice if they fail to agree on the amount of loss. Requires the parties to select a competent appraiser not later than the 20^th day after the appraisal demand. Requires the appraisers to appraise the loss not later than 30 days after selection, subject to a 60-day extension by agreement of the parties and the appraisers. Provides that if the appraisers agree, that amount is set as the amount of the loss. Provides that if the appraisers disagree, the appraisers shall select a competent umpire. Requires a judge to select the umpire if the appraisers cannot agree. Requires the umpire to determine the loss not later than 30 days after receiving notice of appointment by selecting one of the amounts submitted by the appraisers. Does not prevent a party from pursuing its rights under the policy or law. Requires the parties to pay their own appraiser and split the expense of an umpire. Requires the insurer to refund the policyholder’s expenses if the appraisal process determines that the amount of loss is $1 dollar or more than the insurer’s proposed undisputed loss statement. Provides that this process does not affect policy terms or deductibles and the use of the procedure is not a condition precedent to bringing an action for a violation of the code, breach of contract, or for any other common law or statutory remedy. Referred to House Insurance on 2/23.

HB 601 by Jetton (R-Richmond): Amends § 542.003(b), Insurance Code, to make it an unfair claims settlement practice to compel a policyholder to retain a public adjuster to recover an amount due under the policy by offering substantially less than the amount ultimately recovered in a settlement with the policyholder. Amends §4102.104, Insurance Code, to require an insurer to pay a commission of a license holder for services provided to the insured as a result of the insurer’s violation of Chapter 541 or § 542.003(b), in addition to any other payment required by law. Referred to House Insurance on 2/23.

HB 831 by J. Johnson (D-Farmers Branch): Amends § 544.002, Insurance Code, to prohibit an insurer from refusing to provide coverage or continue providing coverage to an individual because of the individual’s sexual orientation or gender identity or expression.

HB 998 by Paul (R-Houston): Amends § 2211.051, Insurance Code, to authorize the commissioner of insurance to include in a Fair Access to Insurance Requirements Plan property owners’ association insurance if the commissioner determines that such insurance is not reasonably available in the voluntary market to a substantial number of insurable risks. Adds § 2211.1515, Insurance Code, to require TWIA to make property owners’ association insurance to an applicant in an underserved area up to 10 miles beyond TWIA’s designated catastrophe area, if the applicant has made diligent effort (evidenced by two declinations) but has been unable to secure insurance in the voluntary market. Makes conforming changes in other sections.

HB 1039 by E. Thompson (R-Pearland): Requires an insurer who writes residential property insurance in Texas  to cover additional living expenses incurred by the insured if the insured property is uninhabitable due to a stoppage caused by a covered loss of water, electricity, sewer, or natural gas services for a period of at least 24 hours (if the policy includes such coverage in any amount).

HB 1074 by Hull (R-Houston): Amends § 1806.002, Insurance Code, to authorize an insurer or insurer’s agent to offer or give an insured or applicant, for free or at a discounted price in a manner that is not unfairly discriminatory to insureds or applicants of the same class and of essentially the same hazard, services or other offerings not specified in the insurance policy that relate to loss control of the risks covered under the policy. Clarifies that various non-discrimination provisions in Chapter 1806 do not permit an unfair method of competition or a false, misleading, or deceptive act or practice under the DTPA. Requires the cost to the insurer or insurer’s agent of offering the product or service to be reasonable in comparison to that customer’s premiums or insurance coverage for the policy class.

HB 1128 by Martinez Fischer (D-San Antonio): Adds Chapter 1511, Insurance Code, to require a health benefit plan to cover pre-existing conditions and “essential health benefits” as listed in 42 U.S.C. § 18022(b)(1) and other benefits identified by the U.S. secretary of health and human services as essential benefits. Prohibits annual or lifetime limits for essential health benefits. Prohibits cost-sharing requirements that exceed the limits provided by 42 U.S.C. § 18022(c)(1). Prohibits a health plan issuer from limiting, excluding, or requiring a waiting period for treatment of a pre-existing condition or charging more for coverage of an insured with a pre-existing condition. Prohibits health status-based discrimination in plan benefit design, marketing, and enrollment. Prohibits a health benefit plan issuer issuing a group health plan from limiting enrollment to an open or special enrollment period. Requires a health benefit plan issuer to issue a group or individual plan to a sponsor or individual that elects to be covered and follow the plan requirements. Requires a health plan issuer to renew or continue an individual or group plan at the option of the group plan sponsor or individual, subject to specific exceptions.

HB 1234 by E. Thompson (R-Pearland): Prohibits an insurer from issuing or renewing a residential property insurance policy unless the insurer provides coverage for damage to a metal roof regardless of whether the damage impedes the function of the roof.

HB 1235 by E. Thompson (R-Pearland): Amends § 601.072(a-1), Transportation Code, to require the $25,000 minimum amount of motor vehicle liability coverage for damage to or destruction of property of others in one accident to include any diminution of value as a result of the accident. Effective January 1, 2024.

HB 1239 by Oliverson (R-Cypress)/SB 833 by King (R-Weatherford): Prohibits an insurer from considering a customer’s ESG score or consideration of diversity, equity, and inclusion factors.

HB 1320 by Geren (R-Fort Worth): Amends Chapter 1952, Insurance Code, to: (1) for purposes of an unfair settlement practices claim (§ 541.060), allow an insurer to provide notice of a claim for uninsured or underinsured motorist coverage by providing written notice to the insurer that reasonably informs the insurer of the facts of the claim; (2) provide that a judgment or other legal determination establishing the uninsured or underinsured driver’s liability or the extent of the insured’s damages is not a prerequisite to recovery in a bad faith action with respect to a UM/UIM claim; and (3) provides that in a UM/UIM claim, the only extracontractual cause of action available to an insured is an action for bad faith under § 541.151 to recover damages under § 541.152.

HB 1321 by Clardy (R-Nacogdoches): Amends § 1952.301, Insurance Code, to prohibit an insurer from requiring that: (1) a vehicle be repaired with the least expensive part or product available; (2) a vehicle owner buy a part or product from any vendor on the basis that the part or product is the least expensive. Prohibits an insurer from considering a specified part or product to be of like kind or quality as an OEM part or product for any purpose unless the insurer or manufacturer conclusively prove that the part or product meets the fit, finish, and quality criteria established by the original equipment manufacturer, is the same weight and metal hardness as the OEM part, and has been tested using the same crash and safety test criteria used by the original equipment manufacturer. Bars an insurer or adjuster from limiting the policy beneficiary from selecting a body shop to repair the vehicle “to the vehicle’s condition before the damage occurred” without owing any out-of-pocket cost other than the deductible, coercing a beneficiary from using a particular repair facility, or offering an incentive or inducement to use a particular repair facility, other than a warranty issued by the facility. Prohibits an insurer or adjuster from requiring a beneficiary or third-party claimant to travel an inconvenient distance for vehicle repair, offer, communicate, or suggest that a particular repair facility will do the job faster or more efficiently handle the claim, or disregard a repair operation or cost identified by an objective estimation system.

HB 1337 by Hull (R-Houston)/SB 452 by Menendez (D-San Antonio): Prohibits a health benefit plan from requiring step therapy before providing coverage of an FDA-approved prescription drug for treating serious mental illness. Allows a step therapy protocol to require a trial of a generic or pharmaceutical equivalent of a prescribed prescription drug only once in a plan year and if the equivalent drug is added to the plan’s drug formulary. SB 452 referred to Senate Health and Human Services on 2/15.

HB 1352 by Hernandez (D-Houston): Subjects county mutual insurers to the requirements of Subchapter C, Chapter 1952, Insurance Code, which requires automobile liability insurers to provide uninsured/underinsured coverage.

HB 1437 by Clardy (R-Nacogdoches)/SB 554 by Hughes (R-Mineola): Adds Subchapter I, Chapter 1952, Insurance Code, to require a personal automobile insurance policy to contain an appraisal procedure. Establishes an appraisal procedure whereby: (1) the insured or insurer may demand an appraisal up to 90 days after proof of loss, (2) each party shall appoint a competent appraiser to determine the loss, and (3) in the event of a disagreement the appraisers shall appoint an umpire (or the court if the appraisers can’t agree. Provides that if the appraisal ends up $1 more than the insurer’s proposed undisputed loss statement, the insurer shall refund to the insured appraisal costs. SB 554 referred to Senate Business and Commerce on 2/17.

HB 1527 by Oliverson (R-Cypress): Prohibits an employee benefit plan or health insurance policy provider from recovering an overpayment from a dentist unless it follows certain procedures and gives the dentist the opportunity to object within a specified time. Prohibits a plan or policy from allowing the insurer to deny payment for a covered service and from barring the dentist from balance billing. Limits the ability of a plan or policy provider to grant third-party access to a provider network and allows a dentist to opt out of participating in third party access to the network.

HB 1592 by Oliverson (R-Cypress): Allows the plan sponsor of an ERISA employer health benefit plan to elect to apply the balance billing and out-of-network provider dispute resolution requirements of Chapter 1275, Insurance Code, to the plan for the relevant plan year.

HB 1656 by Capriglione (R-Southlake): Amends § 27.02, Business & Commerce Code, to apply the prohibition on waiving, absorbing, or declining to collect a deductible in a transaction for good or service for $1,000 or more payable from the proceeds of a property insurance policy to automobile policies as well.

HB 1696 by Buckley (R-Lampasas): Establishes any willing provider requirements for managed health plans, including vision benefit plan issuers and administrators, that contract with optometrists, therapeutic optometrists, and ophthalmologists.

HB 1706 by Perez (D-Houston): Bars an insurance policy from prohibiting an insured to contract with a public adjuster.

HB 1726 by Hernandez (D-Houston): Requires a health benefit plan issuer to reimburse a preferred or contracted professional for providing a covered health care service or procedure to a covered patient as a telemedicine medical service, teledentistry dental service, or telehealth service on the same basis and at least the same rate that the issuer reimburses that provider for in-person service. Adds credentialed mental health professionals to the list of covered providers.

HB 1861 by Guillen (R-Rio Grande City)/HB 1900 by Smithee (R-Amarillo): Amends § 551.105, Insurance Code, to extend the prior written notice requirement for nonrenewal of a property and casualty policy from 30 to 60 days.

HB 1902 by Smithee (R-Amarillo)/SB 1003 by Johnson (D-Dallas): Requires health benefit plan issuers to include in their directories of facility-based physicians updated information regarding all providers and their specialties.

HB 2065 by E. Thompson (R-Pearland): Amends § 551.1053, Insurance Code, which requires an insurer to give the insured written notice of nonrenewal if the insured fails or refuses to cooperate with an insurer in the investigation, settlement, or defense of a claim, to limit the application of the provision to a third-party claim.

HB 2021 by Oliverson (R-Cypress)/SB 1137 by Schwertner (R-Georgetown): Requires a pharmacy benefit manager that administers a self-funded employer sponsored benefit plan (ERISA plan) to state regulation under Chapter 1369, Insurance Code.

HB 2180 by Harris (R-Palestine): Requires a health plan to reduce an enrollee’s cost-sharing amount for prescription drugs by an amount equal to or greater than all rebates received or to be received from the enrollee’s PBM or health benefit plan issuer.

HB 2403 by Paul (R-Houston): Directs the Center for Healthcare Data at the UT Health Science Center in Houston to establish the Texas Health Insurance Mandate Advisory Review Center to prepare analyses of legislation that would impose new mandates on health benefit plan issuers.

HB 2752 by Schaefer (R-Tyler): Provides that the commissioner of insurance may adopt a rule adopted by NAIC relating to ESG or otherwise substantive in nature if the commissioner enters into a formal rulemaking process.

SB 796 by Middleton (R-Galveston): Requires a surplus lines insurance contract that contains an arbitration agreement to provide that the arbitration will be conducted in Texas and governed by the laws for Texas. Provides further that the insurance contract will be interpreted in accordance with Texas law.

SB 167 by Springer (R-Munster): Directs the Commissioner of Insurance to establish a pool for paying the deductible incurred by a person with a valid claim against an individual who is excluded from coverage in a named insured policy. Permits TDI to assess insurers to fund the pool. Referred to Senate Business and Commerce on 2/15.

SB 230 by Hinojosa (D-Edinburg): Requires a member of the board of directors or a subcommittee of the board of TWIA to recuse himself or herself from a vote on a matter, if the member is employed by an entity that may benefit from the outcome of the vote or holds a financial or personal interest in an entity that may financially benefit from the outcome of the vote. Referred to Senate Business and Commerce on 2/15.

SB 474 by Springer (R-Muenster)/HB 1716 by Guillen (R-Rio Grande City): Raises the minimum auto liability coverage for damage to or destruction of property of others from $25,000 to $50,000, effective January 1, 2024. Referred to Senate Business and Commerce on 4/17.

SB 622 by Parker (R-Flower Mound)/HB 1754 by Smithee (R-Amarillo): Requires a health benefit plan issuer that covers prescription drugs and uses a drug formulary to disclose the formulary and up-to-date cost sharing information (as well as other information) to the enrollee or the enrollee’s prescribing provider upon request. Prohibits the issuer from delaying a response to a request, restricting communication between the provider and patient about the cash price of the drug, or interfere with or discourage access to the information (i.e., charging a fee or penalizing a provider for requesting the information.) Referred to Senate Health and Human Services on 2/17.

SB 634 by Menendez (D-San Antonio): Prohibits a health plan from requiring prior authorization of a prescription drug benefit or a prescription drug prescribed to treat a chronic or autoimmune disease. Referred to Senate Health and Human Services on 2/17.

SB 724 by Lamantia (D-Brownsville)/HB 1726 by Hernandez (D-Houston): Requires a health plan issuer to reimburse a preferred or contracted health professional for providing a covered health care service or procedure to a covered patient as a telemedicine medical service, teledentistry dental service or telehealth service on the same basis and at least at the same rate the issuer provides reimbursement to that professional for the service or procedure in an in-person setting.

SB 989 by Huffman (R-Houston): Requires a health benefit plan to cover biomarker testing for the purpose of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition to guide treatment when the test is supported by medical and scientific evidence.

SB 1083 by King (R-Weatherford): Amends § 1952.101, Insurance Code, to require an insurer to direct the use of original manufacturer’s or distributor’s parts to repair a vehicle that the insured has owned for three years or less and that was delivered new to the insured. Bars the insurer from limiting the insured in selecting an auto repair shop. Applies the same requirements to a third-party claim against an insured. Bars an insurer from requiring an auto repair shop to use a specific percentage of non-original equipment in the repair of a motor vehicle.

SB 1138 by Schwertner (R-Georgetown): Bars a health benefit plan issuer, for enrollees with chronic, complex, rare, or life-threatening medical conditions, from requiring clinician-administered drugs to be dispensed only by certain pharmacies or only by pharmacies participating in the plan issuer’s network, limiting or excluding coverage based on the enrollee’s choice of pharmacy, reimbursing at a lesser amount based on the enrollee’s choice of pharmacy, or requiring the enrollee to pay more based on choice of pharmacy.

SB 1139 by Schwertner (R-Georgetown)/HB 1236 by Oliverson (R-Cypress): Expands the definition of “emergency care” for purposes of health benefit plans to include emergency care “regardless of the final diagnosis of the condition.”

SB 1141 by Schwertner (R-Georgetown)/HB 895 by Munoz (D-Palmview): Bars an HMO or PPO from using extrapolation to complete an audit of a participating physician or provider. Requires any payment or refund to be based on the actual overpayment or underpayment and may not be based on extrapolation.

 Worker’s Compensation

HB 90 by Patterson (R-Frisco): Amends Chapter 401, Labor Code, to entitle members of the Texas military forces to the same benefits under the workers’ compensation system as first responders. Referred to House Defense and Veteran’s Affairs on 2/23.

HB 102 by S. Thompson (D-Houston): Amends § 408.001(b), Labor Code, to permit a decedent’s estate to recovery exemplary damages based on the employer’s gross negligence. Referred to House Business and Industry on 2/23.

HB 351 by C. Bell (R-Magnolia): Authorizes a workers’ compensation insurer to contract with an accident and health insurer to offer to employers a workers’ compensation and group accident and health insurance policy together in one packaged plan. Allows a workers’ compensation insurer that offers a packaged plan to allow for medical benefits (but not other compensable injuries under the comp law) under Chapter 408, Labor Code (comp benefits) to be provided to employees through the group accident and health plan. Requires employee contributions to the group health plan to exclude any portion of the premiums allocated to the provision of workers’ compensation medical benefits. Requires a packaged policy to pay for medical examinations required by Chapter 408 from the workers’ compensation policy. Does not affect the exclusive remedy. Bars a health care provider from pursuing a private claim against a workers’ compensation claimant covered by a package plan, except to the extent permitted by § 413.042, Labor Code. Grants rulemaking authority to the commissioner of insurance. Referred to House Insurance on 3/23.

HB 471 by Patterson (R-Frisco): Requires a municipality or county to provide to a firefighter, police officer, or EMS personnel a fully paid leave of absence for an illness or injury related to the person’s line of duty for up to one year. If after a year the person’s leave is not extended or the person’s salary falls below 60% of the person’s regular monthly salary, and the person is a member of a retirement system with disability benefits, the person becomes eligible to receive disability retirement benefits until return to duty. Provides that a first responder temporarily disabled by an injury or illness not related to the person’s line of duty may use accumulated sick leave, vacation time, and other accrued benefits before the person may be placed on temporary leave or may have another first responder do the person’s job while the person is disabled. Allows a return to light duty for at least one year following a temporary disability and requires reinstatement to the same rank and seniority as the person had before the temporary disability. Further amends Chapter 408, Labor Code, to add the following to the conditions for which lifetime income benefits are paid to an injured employee: (1) permanent major neurocognitive disorder or psychotic disorder; (2) third degree burns the majority of both feet, one hand and one foot, one hand or one foot and the face; or (3) a serious bodily injury sustained by the employee in the course and scope of the person’s employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Amends §607.052(b), Government Code, to except from the presumption that certain diseases are occupational for first responders the responder’s or the responder’s spouse’s use of tobacco product an average of four or more times per week during any six-month period in the five years preceding the diagnosis of the disease or illness. Amends §607.056, Government Code, to expand the presumption that a heart attack or stroke suffered by a first responder during the course and scope of employment to no longer require the stressful or strenuous physical activity to be “nonroutine” (including a training exercise) or the heart attack or stroke to have occurred while the first responder were engaging in the stressful activity (now must be no later than 24 hours after the end of a shift in which the first responder engaged in the activity). Requires future collective bargaining agreements to incorporate these changes. Referred to House Business and Industry on 3/23.

HB 493 by Meza (D-Irving): Amends § 408.181, Labor Code, to index death benefits paid under the workers’ compensation system to the CPI for urban wage earners and clerical workers. Referred to House Business and Industry on 2/23.

HB 778 by Walle (D-Houston)/SB 283 by Eckhardt (D-Austin): Requires contractors and subcontractors to provide workers’ compensation insurance for their employees. SB 283 referred to Senate Business and Commerce on 2/15.

HB 790 by Patterson (R-Frisco): Amends § 408.0041, Labor Code, to require the first request of the carrier, injured employee, or DWC for an examination by a designated doctor to include a request to the designated doctor to provide an opinion of the extent of the compensable injury. Amends § 409.021, Labor Code, to require the carrier contesting a claim to notify the injured employee and DWC of the specific reasons for the contest, including any disputes in the cause of the injury, the extent of the injury, or the treatment. Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not comply with the 15-day written notice of injury requirement (applies only to first responders and custodial officers under § 607.051, Government Code). Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not contest or deny the extent of a compensable injury in writing by the 60^th day after which the carrier had notice of the claimed injury (applies to all injured workers). Adds § 417.005, Labor Code, to make the carrier liable for the injured worker’s reasonable and necessary medical expenses if the carrier denies a claim that is later found to be compensable in an administrative hearing. Amends § 410.156, Labor Code, to allow a party or witness to appear at an administrative hearing remotely if good cause exists and to allow an attorney who represents a party in a contested case hearing to appear remotely (no good cause requirement).

HB 1702 by Collier (D-Dallas): Adds § 541.060(c), Insurance Code, to apply the unfair settlement practices statute to workers’ compensation policies.

HB 1839 by Collier (D-Dallas): Adds § 408.0273, Labor Code, to authorize an employee to request a medical causation narrative report from the treating doctor or a doctor to whom the treating doctor previously referred the employee and who later treated the employee if the employee disagrees with the plain language notice from the insurer disputing the extent of the employee’s compensable injury. Requires the insurer to pay for one medical narrative report for each plain language notice disputing the extent of the injury.

HB 2314 by Canales (D-Edinburg): Amends § 408.182(d-2), Labor Code, to allow a parent to file a claim for death benefits directly with the insurance carrier. Amends § 409.007, Labor Code, to provide that if a person files a death benefits claim with an insurance carrier, the carrier must at the time of receiving the claim create and maintain a record documenting receipt of the claim and provide written notice to the division that the person filed the claim.

HB 2315 by Canales (D-Edinburg): Amends § 607.052, Government Code, with respect to the cancer presumption, to limit the exception for tobacco use to the five years preceding the diagnosis of the cancer and to remove peace officers from the exception altogether (leaving only firefighters and EMTs under the tobacco exception).

HB 2317 by Canales (D-Edinburg): Amends § 607.052, Government Code, with respect to the cancer presumption, to limit the exception for tobacco use to the five years preceding the diagnosis of the cancer and to expand coverage of the exception to detention officers. Amends § 607.056, Government Code, to add detention officers to the presumption for acute myocardial infarction or stroke, to make the presumption apply to routine activity and activity involving law enforcement and supervision of inmates, to apply the presumption to exposures to smoke, fumes, or toxic substances, and to extend the scope of the presumption up to 72 hours after the end of the person’s shift.

HB 2468 by Burrows (R-Lubbock)/SB 1033 by Perry (R-Lubbock): Amends § 408.161(a), Labor Code, to add to the list of conditions for which lifetime income benefits are paid: a permanent major neurocognitive disorder or psychotic disorder; third degree burns on both feet, one hand and one foot, or one hand or one foot and the face; or a serious bodily injury sustained by the employee in the course and scope of employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work.

HB 2534 by Turner (D-Arlington): Adds § 410.008, Labor Code, to exempt from disclosure under the Open Records Act the notes and electronic communications of an ALJ or appeals judge conducting a contested case hearing or appeal, drafts of a decision, and drafts of an order.

HB 2539 by Noble (R-Lucas): Adds  401.027, Labor Code, to provide that an injury is not compensable if it arises while the employee performs job duties for the employer at the employee’s home or a location that is not owned, operated, or controlled by the employer or at which the employee is not specifically required to be to perform the employee’s job duties.

HB 2702 by Guillen (R-Rio Grande City): Adds § 408.00411, Labor Code, to direct the commissioner of insurance to adjust for inflation the amounts required to be paid by an insurance carrier for a medical examination and the fee for failure of the injured worker to appear for a scheduled medical examination.

SB 716 by Alvarado (D-Houston): Amends § 401.011, Labor Code, to define “post-traumatic stress disorder.” Uses the same definition as currently provided by § 504.019(a)(2), Labor Code (coverage for PTSD for certain first responders).

SB 799 by Springer (R-Muenster): Amends § 408.161(a), Labor Code, to add to the list of conditions for which lifetime income benefits are paid: a permanent major neurocognitive disorder or psychotic disorder; third degree burns on both feet, one hand and one foot, or one hand or one foot and the face; or a serious bodily injury sustained by the employee in the course and scope of employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Adds Subchapter I-l, Labor Code, to make firefighters and peace officers eligible for “critical illness benefits,” if the employee required from employment on or after January 1, 2024, and not later than the 5^th anniversary of the date of retirement that employee is diagnosed with a type of cancer listed in § 607.055(b), Government Code, or suffers an acute myocardial infarction or stroke. Sets the amount of critical illness benefits at the greater of $150,000 or the person’s annual salary in the last year of employment. Requires the commissioner to index the amount by the CPI every ten years. Requires an insurer to pay the amount in a lump sum. Amends § 607.052(b), Government Code, to provide that the cancer presumption does not apply if the first responder used a tobacco product an average of four or more times a week during any six-month period in the five years preceding the diagnosis of the disease or illness. Amends § 607.056, Government Code, to extend the presumption for myocardial infarction or stroke to up to 24 hours after the end of the first responder’s shift and to routine activities.

Eminent Domain

HB 376 by Rogers (R-Graford): Amends § 402.031, Government Code, to require the landowner bill of rights to notify the property owner of the owner’s right to submit to the appraisal district a report of decreased value for the owner’s remaining property after the taking. Must include the comptroller’s decrease of value form. Referred to House Land and Resource Management on 2/23.

HB 695 by Rogers (R-Graford): Bars a governmental or private entity from taking private property through the use of eminent domain for development of a wind project.

HB 2284 by King (R-Canadian): Amends § 21.101(a), Property Code, to permit a person to redeem real property taken by eminent domain if the use of the property is changed from the public use for which it was acquired to any other use during the life time of: (1) the person from whom the property was acquired; or (2) a person who is related within three generations by blood, marriage, or adoption to the person from whom the property was acquired. Makes conforming changes in §§ 21.102, 21.1021(a), and 21.103(a), Property Code.

HB 2318 by Zwiener (D-Driftwood): Amends § 21.02(a), Property Code, to block a condemnor from taking possession of the property for 180 days from the date of the special commissioners’ award, unless the parties agree otherwise. Permits a city, irrigation district, water improvement district, or water power control district to take immediate possession if it pays or deposits the amount of the award.

HB 2628 by Moody (D-El Paso): Amends § 21.103, Property Code, to require an entity to offer previously condemned property for repurchase at the amount the entity was ordered to pay the owner in the final judgment in the condemnation proceeding through which the entity acquired the property, less any amounts paid by the entity to the property owner as costs of fees, damages to the property resulting from the entity’s temporary possession, or any amount associated with a change in value of the owner’s remaining property, the market value of groundwater rights, any amount paid to the property owner to avoid litigation, or any amount otherwise paid to the property owner for a purpose other than to compensate the owner from the value of the property condemned.

HJR 26 by Schofield (R-Katy): Amends Art. III, § 52j, Texas Constitution, to require an entity, including a private entity, with eminent domain authority to offer to sell property acquired by eminent domain to the owner or owner’s heirs, successors, or assigns, for the price the entity paid at the time the property was acquired by eminent domain.

HJR 81 by Schofield (R-Katy): Amends Art. I, § 17(b), Texas Constitution, to exclude from the definition of “public use” the taking of property by a public entity for transfer to a private entity for any purpose.

SB 201 by Eckhardt (D-Austin): Amends § 21.041, Property Code, to require special commissioners to admit evidence of the market value of the property’s highest and best use without consideration of the property’s conservation easement status. Provides that if the entire tract or parcel that is subject to a conservation easement is condemned, the damage to the property is the market value of the property’s highest and best use without consideration of the easement. Provides that if part of a tract subject to a conservation easement is condemned, the commissioners shall determine damage by estimating the extent of the injury and benefit to the owner based on the property’s highest and best use without the easement status and including the effect of the taking on the owner’s remaining property, based on the remainder’s highest and best use without consideration of the easement. Referred to Senate Natural Resources/Economic Development on 2/15.

Civil Rights

HB 256 by Bernal (D-San Antonio) )/SB 274 by Blanco (D-El Paso): Adds Chapter 100B, Civil Practice & Remedies Code, to prohibit discrimination in public accommodations against a person because of sexual orientation or gender identity. Creates a cause of action for actual and punitive damages, attorney’s fees, court costs, and equitable relief. Also applies to a contractor or subcontractor that contracts with the state. Amends Chapter 21, Labor Code, to make it an unlawful employment practice to discriminate against a person because of sexual orientation or gender identity. Amends Chapter 301, Property Code, to prohibit a person from discriminating against a person because of sexual orientation or gender identity in the sale or rental of property. Referred to House State Affairs on 2/23. SB 274 referred to Senate State Affairs on 2/15.

HB 265 by Bernal (D-San Antonio): Amends Chapter 301, Property Code, to prohibit housing discrimination based on sexual orientation or gender identity. Referred to House Urban Affairs on 2/23.

HB 567 by Bowers (D-Dallas): Prohibits a student dress or grooming policy adopted by a school district or institution of higher education from discriminating against a hair texture or protective hair style commonly or historically associated with race. Prohibits an employer, labor union, or employment agency from doing the same. Prohibits a seller or lessor of residential real property from doing the same. Referred to House State Affairs on 2/23.

HB 725 by Rose (D-Dallas): Bars an insurer from refusing to insure or provide coverage, limit the amount, extent, or kind of coverage, or charge a different rate based on the individuals’ sexual orientation or gender identity or expression. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against an individual based on sexual orientation or gender identity or expression.

HB 850 by Reynolds (D-Missouri City): Adds Chapter 100B, CPRC, to create a private cause of action against a business or other entity for discrimination against an individual because of the individual’s sexual orientation or gender identity or expression. Allows a court to award actual and punitive damages, attorney’s fees, costs, and injunctive relief. Prohibits a contractor for the state from discriminating against an individual based on sexual orientation or gender identity or expression. Authorizes administrative penalties for violators.

HB 1006 by Tepper (R-Lubbock): Prohibits an institution of higher education from funding or promoting diversity, equity, and inclusion. Authorizes an action for injunctive relief plus attorney’s fees and costs.

HB 1033 by Tepper (R-Lubbock): Prohibits the state or a local government from requiring diversity training. Prohibits the state or a local government from entering into a contract with a company or organization that requires diversity training or any other training that may be “partisan, political, or ideological.”

HB 1046 by Tepper (R-Lubbock): Prohibits an institution of higher education from requiring an employee or student “to identify a commitment to or make a statement of personal belief supporting any specific partisan, political, or ideological set of beliefs,” including diversity, equity, and inclusion. Likely creates an implied cause of action.

HB 2600 by Frazier (R-McKinney):  Bars a law enforcement agency from terminating the employment of a peace officer solely because the officer has sought or received mental health care.

HJR 63 by Allen (D-Houston): Adds Art. I, § 36, to prohibit any person from being held in slavery or involuntary servitude for any reason, including as punishment for a crime (the Texas Constitution does not currently ban slavery).

SB 110 by Menendez (D-San Antonio)/HB 1012 by Gonzalez (D-Dallas): Adds Chapter 113, Business & Commerce Code, to prohibit a person from discriminating against any person because of race, color, disability, religion, sex, national origin, age, sexual orientation, or gender identity (or status as a military veteran) to full and equal accommodation in any place of public accommodation in the state. Establishes a complaint procedure at the Texas Workforce Commission. Allows a complainant to file a civil suit if the commission denies a complaint. Authorizes compensatory and punitive damages. Authorizes award of attorney’s fees to a prevailing party other than the commission. Provides trial de novo for a judicial proceeding. Provides for enforcement by the attorney general. Adds discrimination based on sexual orientation, gender identity, and status as a military veteran to unlawful employment practices parts of the Labor Code. Referred to Senate State Affairs on 2/15.

Court Records, Filing Fees, and Costs

HB 525 by Vasut (R-Angleton): Requires a statutory county court, district court, or appellate court to deliver through the electronic filing system in which the system is required or authorized all court orders the court enters in the case.

HB 2045 by Bowers (D-Rowlett): Provides that a county official or employee while transacting county business is exempt from the payment of a fee for issuance of a court reporter transcript if the county provides and maintains court reporting equipment for courts.

SB 569 by Springer (R-Muenster)/HB 2331 by Stucky (R-Wichita Falls): Amends § 22/004. CPRC, to authorize a municipality to impose a fee for the production or certification of a record under a subpoena, request for production, or other instrument related to a matter in which the municipality is not a party. Referred to Senate State Affairs on 2/17.

Judicial Matters/Administration

HB 103 by Murr (R-Junction): Allows a county judge to appoint a person who served as an active judge for at least 96 months in a constitutional county court or a licensed attorney who served at least 48 months in a constitutional county court to sit in docketed matters before the court if the judge is absent or incapacitated. Referred to House Judiciary on 2/23.

HB 130 by A. Johnson (D-Houston): Creates six criminal district courts in Harris County. Referred to House Judiciary on 2/23.

HB 367 by Jetton (R-Richmond): Allows the Judicial Conduct Commission to accept complaints, conduct investigations, and take any other action with respect to a candidate for judicial office (subject to Chapter 253, Election Code) in the same manner as a judge. Referred to House Judiciary on 3/23.

HB 437 by Schofield (R-Katy): Pegs the compensation of a district judge to 82.5% and an appellate justice to 91% of the salary of a Supreme Court justice other than the Chief Justice. Adds § 659.0121, Government Code, to require the Legislative Budget Board, by December 31 of each even-numbered year, to calculate the base salary of a justice of the Supreme Court other than the Chief Justice and the other members of the state judiciary. Requires the LBB to include those amounts in the General Appropriations Act. Sets the amount of the annual base salary at the amount the state paid a Supreme Court justice other than the Chief Justice in the current fiscal year indexed by the CPI for two years of the preceding two state fiscal years. Allows the Legislature to reduce these amounts pro rata in the event of a lack of sufficient revenue. Referred to House Judiciary on 2/23.

HB 428 by Schofield (R-Katy): Provides for indexing of a district judge’s base salary by the CPI for the two preceding state fiscal years. Referred to House Judiciary on 2/23.

HB 457 by Smith (R-Van Alstyne): Gives the county-courts-at-law in Grayson County concurrent jurisdiction with district courts over family law matters. Referred to House Judiciary on 2/23.

HB 841 by Ordaz (D-El Paso): Requires the Office of Court Administration to include case-level information on the amount and character of the business transacted by courts in its judicial statistics and other information about the courts.

HB 961 by Jetton (R-Richmond): Requires a justice of the peace to file an annual report of the total income received from performing marriage services, notary public services, and as registrar for the Bureau of Vital Statistics.

HB 1436 by Metcalf (R-Conroe): Redesignates Montgomery County Court at Law No. 2 as a statutory probate court. Gives the statutory probate court concurrent jurisdiction with a district court in disputes relating to the creation of a constructive trust, declaratory judgment actions, actions in which the only relief sought is a writ of injunction, and actions to appoint a receiver. Gives the statutory probate court jurisdiction over eminent domain, regardless of amount in controversy. Allows the court to conduct remote proceedings without the consent of the parties.

HB 1502 by Plesa (D-Dallas): Requires judicial training programs related to family violence, human trafficking, sexual assault, and child abuse to include childhood trauma and adverse childhood experiences.

HB 1627 by Hernandez (D-Houston): Requires judicial officers and court personnel to have implicit bias training. Requires the court of criminal appeals to approve courses. Requires attorneys to take state bar-approved CLE courses on implicit bias.

HB 1841 by Walle (D-Houston): Adds § 71.0354, Government Code, to a require a justice court to report monthly to the Texas Judicial Council each case involving a landlord-tenant dispute in the following categories: eviction suits, disconnection of utilities suits, repair and remedy suits, security deposit suits, unlawful lockout suits, suits involving the provision of security and safety devices, and any other category of suit brought under Title 8, Property Code, and designated by the council. Requires the OCA to publish and make searchable on its website information about landlord-tenant disputes in justice courts, including the court in which the suit was filed, whether any legal counsel or agent is representing the plaintiff or the defendant, and the disposition of the case.

HB 1985 by Vasut (R-Angleton): Entitles full-time associate judges of district courts to an annual state salary.

HB 2139 by Burrows (R-Lubbock): Amends the Code Construction Act (Chapter 311, Government Code) to require courts, when interpreting a statute, to enforce the text as written and in accordance with the meaning that the words of the statute would have to an ordinary speaker of the English language (i.e., prohibits so-called “intentionalism”). Provides that severability applies down to the word level in a statute (i.e., every word, phrase, clause, or sentence is severable from every other one). Attempts to limit judicial interpretations of the constitutionality of the statute to the parties in the specific case. Amends Chapter 312, Government Code (construction of statutes), to make the same changes and to bar courts from referring to legislative intent.

HB 2418 by Raney (R-Bryan): Creates the 472^nd District Court in Brazos County with civil family law, and juvenile jurisdiction.

HJR 39 by Vasut (R-Angleton): Amends Art. V, § 1-a(1), Texas Constitution, to repeal the mandatory retirement age for judges.

SB 372 by Huffman (R-Houston)/HB 1741 by Leach (R-Plano): Creates a criminal offense (Class A misdemeanor) if a person knowingly discloses the contents of any non-public judicial work product to a person who is not a justice, judge, court staff attorney, court clerk, law clerk, or other court staff routinely involved in crafting an opinion or decision for an adjudicatory proceeding. Referred to Senate State Affairs on 2/15.

SB 373 by Huffman (R-Houston): Creates an additional county court at law in Waller County. Referred to Senate State Affairs on 2/15.

SB 802 by Hughes (R-Mineola): Raises the base salary of a district judge from $140,000 to $172,494.

SB 900 by Hughes (R-Mineola): Entitles an appellate justice engaged in the discharge of official duties in a county other than the justice’s county of residence is entitled to reimbursement of traveling and other expenses. Entitles appellate justices to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties.

SJR 54/SB 930 by Middleton (R-Galveston): Prohibits a court from issuing a per curiam opinion.

SB 1045 by Huffman (R-Houston): Establishes the 15^th Court of Appeals district composed of all counties in the state based in Austin and consisting of a chief justice and four justices. Gives the court exclusive jurisdiction over: (1) matters brought by or against the state or state agency and employees thereof; (2) a proceeding brought under the Family Code; (3) certain proceedings under the Code of Criminal Procedure; (4) a proceeding brought against a district or county attorney with criminal jurisdiction; (5) a proceeding relating to a mental health commitment; (6) a proceeding relating to civil asset forfeiture; (7) a condemnation proceeding; (8) a proceeding brought under Chapter 125, CPRC, to enjoin a common nuisance; (9) a proceeding under Chapter 55, Code of Criminal Procedure (expunction); (10) a proceeding under Chapter 22A, Government Code (3-judge district court); (11) a proceeding under Subchapter E-1, Chapter 411, Government Code; (12) a proceeding under Chapter 21, Labor Code (unfair employment practices); (13) a removal action under Chapter 87, Local Government Code; (14) a proceeding under Chapter 841, Health and Safety Code (sexually violent predators); (15) matters in which a party to the proceeding challenges the constitutionality or validity of a state statute or rule and the attorney general is a party; and (16) any other matter as provided by law. Provides that the supreme court may not transfer cases out of the 15^th Court of Appeals for docket equalization purposes or transfer cases to that court if it does not have exclusive jurisdiction.

SB 1063 by Schwertner (R-Georgetown): Creates the 365^th Judicial District in Bastrop County.

SB 1069 by Kolkhorst (R-Brenham): Expands the jurisdiction of the county court at law of Aransas County to civil cases in which the amount in controversy exceeds $250,000.

SJR 40 by Hinojosa (D-Edinburg)/HJR 107 by Price: Amends § 1-a(1), Article V, Texas Constitution, to raise the mandatory retirement age for judges from 75 to 79.

Jury Matters

HB 128 by Bernal (D-San Antonio): Exempts classroom teachers, paraprofessionals, or librarians employed by a school district or open-enrollment charter school from jury duty. Referred to House Judiciary on 2/23.

HB 1332 by Herrero (D-Corpus Christi): Exempts firefighters and police officers from jury duty.

HB  1698 by Jones (D-Houston): Requires, in a county with a million people or more, the county to summon jurors directly to a justice court, which shall hear excuses from jury duty and command a sheriff or constable to summon additional jurors if needed.

HB 2014 by Leach (R-Plano): Amends § 61.001(a), Government Code, to raise juror reimbursement from $6 to $20 for the first day and from $40 to $58 for each day thereafter.

HB 2015 by Leach (R-Plano): Amends § 62.106(a), Government Code, to raise the minimum age for a jury exemption from 70 to 75.

HB 2567 by Allison (R-San Antonio): Creates Probate Court No. 3 in Bexar County.

Attorney’s Fees

HB 1874 by Noble (R-Allen): Requires a law enforcement agency to pay attorney’s fees in a civil asset forfeiture proceeding if the case is dismissed or decided against the law enforcement agency.

HB 1918 by J. Lopez (D-San Benito): Amends § 2254.1038(b), Government Code, to require the attorney general to publish on its website a contingent fee contract for legal services entered into by a political subdivision.

HB 2023 by Munoz (D-Palmview): Requires a court to award attorney’s fees to a prevailing plaintiff in an action against a political subdivision for failing to comply with Chapter 212 (municipal regulation of subdivisions and property development) or Chapter 232 (county regulation of subdivisions), Local Government Code.

Practice of Law

HB 157 by Ortega (D-El Paso)/SB 174 by Blanco (D-El Paso): Authorizes the governing board of a university system to establish a public law school in El Paso. Referred to House Higher Education on 2/23. SB 174 referred to Senate Subcommittee on Higher Education on 2/15.

HB 788 by Meza (D-Irving): Establishes a task force under the Health and Human Services Commission to study access to legal services for persons with disabilities. Requires the task force to report to the legislature by December 1, 2024.

HB 1077 by Martinez (D-Weslaco): Authorizes the governing board of a university system to establish a public law school in Cameron County or Hidalgo County.

HB 1915 by Hefner (R-Mt. Pleasant)/SB 604 by King (R-Weatherford): Amends § 954.001, Occupations Code, to define “land services” provided by certified landmen for purposes of the exception to the unauthorized practice of law. Specifies the services performed by landmen to negotiating conveyances, exploration agreements, real property research to ascertain ownership, reviewing the status of title, curing title defects, doing due diligence, managing rights or obligations derived from ownership of interests, or using or pooling mineral interests or rights. SB 604 referred to Senate Natural Resources/Economic Development on 2/17.

HB 1997 by Ortega (D-El Paso): Requires the president of UT-El Paso to designate a department or entity at the university to conduct a study examining the need for and feasibility of establishing a school of law at the university.

Probate Matters

HB 251 by Murr (R-Junction): Authorizes a statutory probate judge assigned on a party’s motion to hear a contested matter to order the estate and the parties to the proceeding to reimburse the county for the expenses of conducting the proceeding.

Administrative Procedures

HB 411 by Collier (D-Dallas): Adds § 2003.047(d-1), Government Code, to prohibit an applicant whose application has been referred to a contested case hearing from requesting changes in the application after the 31^st day before the date scheduled for the preliminary hearing. Requires the applicant to withdraw the application if the applicant decides not to proceed to the preliminary hearing on or before the 31^st day before the hearing. Requires an applicant who resubmits a revised application to comply with the notice requirements. Does not apply to a change made in an application after the preliminary hearing has been held and all the parties have been named, all parties agree to the change, and the applicant has complied with all notice requirements.

HB 766 by Allen (D-Houston): Amends § 5.554, Water Code, to require a public meeting on a permit application requested by a member of the legislature who represents the general area in which the facility is located or proposed to be located to be held in the house district in which the facility is located or proposed to be located.

HB 791 by Harrison (R-Midlothian): Amends § 2001.039, Government Code, to require a state agency’s review of a rule to assess the costs imposed on a regulated person if the rule is subject to § 2001.0045 (providing that a state agency that adopts certain rules that imposes a cost on regulated persons must be offset by the repeal or amendment to another rule to reduce costs to regulated persons by the same amount). Requires the agency to post on its website the data, working papers, and other materials used by the agency to make the assessment. Terminates a rule for which the agency failed to complete a timely rule review on the day following the statutory deadline for the review. Allows a person “potentially injured” by the continued enforcement of a terminated rule to bring a civil action for a declaratory judgment against and injunctive relief from the rule’s continued enforcement. Awards a prevailing plaintiff reasonable costs and attorney’s fees from the agency.

HB 1483 by Frank (R-Wichita Falls): Amends § 2001.0045(c), Government Code (the Administrative Procedures Act), to require a rule that is necessary to protect the health, safety, and welfare of Texas residents to comply with the mandate that an agency cannot adopt a rule that increases costs to the regulated people or entities unless it repeals or amends another rule to offset that cost. Makes anuy rule adopted in violation of that mandate voidable.

SB 179 by Miles (D-Houston): Requires TCEQ to consider the effect of cumulative emissions from a facility or proposed facility and from other facilities located less than three miles from the facility or proposed facility. Referred to Senate Natural Resources/Economic Development on 2/15.

HB 934 by Dutton (D-Houston): Makes the state senator and representative who represent the district in which a facility to which a permit application related is located an “affected person” for purposes of administrative hearings.

HB 935 by Dutton (D-Houston): Amends § 5.555, Water Code, to require the executive director to respond to all public comments on a permit application, not just that are “relevant and material.” Requires the commission to consider all public comments when deciding whether to approve a permit.

HB 952 by Dutton: Adds § 361.042, Health and Safety Code (Solid Waste Disposal Act), to require TCEQ to set each carcinogenic risk level used by the commission at a rate not greater than one in a million.

HB 981 by Lopez (D-San Antonio)/SB 813 by Miles (D-Houston): Amends § 7.060, Water Code, to require TCEQ to send notice of a penalty to the state representative and senator representing the location where the violation occurred. Amends § 7.075(a), Water Code, to require TCEQ to send notice of a proposed administrative order or agreement to settle an enforcement action to the state representative and senator representing the location where the violation occurred.

HB 1947 by Harrison (R-Midlothian): Requires a judge or administrative law judge to interpret a statute, rule, or other guidance issued by a state agency de novo, without deference to an agency’s interpretation of the provision. Requires a judge or ALJ to resolve the question of an ambiguous provision of state law in favor of limiting state agency authority.

HB 1948 by Harrison (R-Midlothian): Requires permanent or emergency rules adopted by a state agency to be approved by the statewide elected official responsible for the agency.

HB 2161 by Dutton (D-Houston): Requires SOAH to submit a quarterly report to the legislature indicating for each county the total number of hearings decided by the office in the previous quarter, the percentage in which the ALJ decided in favor of the person requesting the hearing, and the percentage in which the ALJ decided in favor of a state agency. Requires state agencies to file the same report for appeals from SOAH decisions.

SB 506 by Perry (R-Lubbock): Adds § 2001.008, Government Code, to bar a state agency from adopting a rule that imposes a fee or a tax on items, services, privilege, or transaction without explicit authority granted by the legislature. Referred to Senate Finance on 2/17.

HB 2712 by Schaefer (R-Tyler): Requires state agencies to readopt, amend, or repeal a previously adopted rule that incorporates by reference a document that is not another law or policy of the state and that, as a result of an amendment to such a document, expands the agency’s regulatory authority or imposes an economic burden on the regulated community.

SB 845 by Blanco: Repeals §§ 382.0216(f) and (h), Health and Safety Code, which authorizes TCEQ by rule to establish an affirmative defense to a commission enforcement action for excessive emissions events.

SJR 57 by Parker (R-Flower Mound): Adds § 2, Art. II, Texas Constitution, to authorize the legislature to prescribe a process for legislative review of rules adopted by executive branch agencies and to block the governor from vetoing legislation approving or rejecting any part of an adopted rule.

Texas Civil Justice LeagueBill Status Report02-24-2023 – 14:53:30 

 – Action in the date range    – Link to Related Information   ( ) – Priority 

Texas Civil Justice League

HB 18

Slawson, Shelby

Protection minors harmful digital materials

Bill History:

02-23-23 H Introduced and referred to committee on House Select on Youth Health & Safety

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HB 27

Goodwin, Vikki

Protection employers from liability

Remarks:

(AS FILED 11/14/22) Adds Chapter 142B, Civil Practice & Remedies Code, to bar civil actions and disciplinary proceedings against an employer based solely on the employer’s choice to offer or provide a particular employee benefit. Does not create or expand a cause of action.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 33

Landgraf, Brook

Enforcement federal laws regulating oil gas

Companions:

SB 470 Springer, Drew (Identical) 2-17-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

Remarks:

(AS FILED 11/14/22) Bars a state agency or employee from contracting with or assisting a federal agency or official in the enforcement of a federal statute or regulation pertaining to oil and gas operations. Gives the attorney general enforcement authority.

Bill History:

02-23-23 H Introduced and referred to committee on House Energy Resources

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HB 41

Toth, Steve

Professional liability insurance

Remarks:

(AS FILED 11/14/22) Prohibits a physician or health care provider from providing care for the purpose of transitioning a child’s biological sex. Prohibits a professional liability insurance policy issued to a physician or health care provider from covering damages arising from the provision of such care. Makes the provision of such care a prohibited practice under § 164.052, Occupations Code.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 42

Slaton, Bryan

Definition child abuse

Remarks:

(AS FILED 11/14/22) Amends the definition of “child abuse” in §261.001, Family Code, to apply to a medical professional or mental health professional who provides gender transitioning or gender affirming care.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 49

Klick, Stephani

Access to hospital investigation information

Remarks:

(AS FILED 11/14/22) Makes certain information related to an investigation of a hospital or licensed mental hospital by the Health and Human Services Commission subject to the Open Records Act (Ch. 552, Government Code). These include notices of violations, the number of investigations of the hospital, the pleadings in an administrative proceeding to impose a penalty on a hospital, the outcome of the investigation, and the commission’s investigative report or order addressing the alleged violations. Requires the commission to post the information on its website not later than the 90th day after it issues its final decision, investigative report, or order.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 57

Zwiener, Erin

Climate change planning and reporting

Companions:

HB 1821 Zwiener, Erin (Refiled from 87R Session)

Bill History:

02-23-23 H Introduced and referred to committee on House Environmental Regulation

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HB 58

Talarico, James

Health care billing of ambulance services

Companions:

HB 89 Talarico, James (Identical) 2-23-23 H Introduced and referred to committee on House County Affairs

Bill History:

02-23-23 H Introduced and referred to committee on House County Affairs

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HB 61

Noble, Candy

Abortion support prohibition by government

Remarks:

(AS FILED 11/14/22) Prohibits a governmental entity from entering into a taxpayer resourced transaction or from appropriating or spending money to provide any person with logistical support for the express purpose of assisting a woman with procuring an abortion or an abortion provider’s services. Gives the attorney general enforcement power plus recovery of attorney’s fees and costs.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 79

Talarico, James

Employment leave domestic violence victims

Remarks:

(AS FILED 11/14/22) Adds Chapter 25, Labor Code, to prohibit an employer from discriminating against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee gives reasonable notice prior to the required service. Prohibits employment discrimination against an employee who is the victim of a crime and takes time off to appear in court under a subpoena. Prohibits employment discrimination against an employee who takes time off to obtain injunctive relief to help ensure the health, safety, or welfare of the victim or their child. Requires the employee to provide certification to the employer of the reason the employee took time off. Prohibits employment discrimination against an employee who is the victim of a crime or abuse, if the employee provides notice or the employer has actual notice. Requires an employer to make reasonable accommodations for a victim of domestic abuse, stalking, or sexual assault if the victim requests it.

Bill History:

02-23-23 H Introduced and referred to committee on House International Relations/Economic Dev

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HB 81

Harrison, Brian

Vaccination informed consent

Companions:

SB 177 Middleton, Mayes (F) (Identical) 2-15-23 S Introduced and referred to committee on Senate Health and Human Services

Remarks:

(AS FILED 11/14/22) Prohibits a person from compelling or coercing an individual lawfully residing in the state into obtaining a COVID-19 vaccination contrary to the individual’s vaccination preference. Requires a health care provider to obtain an informed consent for a COVID vaccine. Prohibits a person from taking an adverse action based on the person’s refusal to obtain a COVID vaccine. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 89

Talarico, James

Medical billing of ambulance services

Companions:

HB 58 Talarico, James (Identical) 2-23-23 H Introduced and referred to committee on House County Affairs

Bill History:

02-23-23 H Introduced and referred to committee on House County Affairs

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HB 90

Patterson, Jare

Benefits for armed forces survivors

Companions:

SB 155 Huffman, Joan (Identical) 2-15-23 S Introduced and referred to committee on Senate Finance

Remarks:

(AS FILED 11/14/22) Amends Chapter 401, Labor Code, to entitle members of the Texas military forces to the same benefits under the workers’ compensation system as first responders.

Bill History:

02-23-23 H Introduced and referred to committee on House Defense and Veterans’ Affairs

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HB 94

Johnson, Jarvis

TCEQ approval of concrete batch plants

Bill History:

02-23-23 H Introduced and referred to committee on House Environmental Regulation

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HB 102

Thompson, Senfr

Workers’ Comp exemplary damages

Remarks:

(AS FILED 11/14/22) Amends § 408.001(b), Labor Code, to permit a decedent’s estate to recovery exemplary damages based on the employer’s gross negligence.

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 103

Murr, Andrew

Qualifications to appoint retired judges

Remarks:

(AS FILED 11/14/22) Allows a county judge to appoint a person who served as an active judge for at least 96 months in a constitutional county court or a licensed attorney who served at least 48 months in a constitutional county court to sit in docketed matters before the court if the judge is absent or incapacitated.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 107

Schaefer, Matt

Violation emergency management plan

Remarks:

Repeals § 418.107, Government Code, which authorizes a penalty for violation of an emergency management plan.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 112

Howard, Donna

Health facility violence prevention

Companions:

SB 240 Campbell, Donna (Identical) 2-15-23 S Introduced and referred to committee on Senate Health and Human Services

Remarks:

(AS FILED 11/14/22) Requires hospitals, nursing facilities, ambulatory surgical centers, freestanding emergency medical facilities, and other health care facilities to establish a workplace violence prevention committee and develop a plan to prevent workplace violence. Following an incident of workplace violence, requires a facility to provide immediate services, including necessary acute care treatment. Bars a facility from discriminating against a person who in good faith reports an incident of workplace violence. Gives enforcement authority to the appropriate licensing authority.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 119

Schaefer, Matt

Judicial review of disaster orders

Remarks:

(AS FILED 11/14/22) Amends Chapter 418, Government Code, to confer standing on a person to challenge in court a provision of a governor’s or local entity’s order relating to a declared emergency, if the provision is alleged to cause injury to the person or violate the person’s federal or state constitutional or statutory rights. Requires the governor or entity to show that the order mitigates the threat to public health and is the least restrictive means of mitigating the threat. Does not appear to require the person bringing the action to prove an injury or a burden.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 121

Vasut, Cody

Municipal and county employment benefits

Companions:

SB 563 Sparks, Kevin (F) (Identical) 2-17-23 S Introduced and referred to committee on Senate Business and Commerce

Remarks:

(AS FILED 11/14/22) Prohibits a city or county from adopting or enforcing an ordinance or other rule or policy that exceed or conflict with federal or state law relating to employment issues, including leave, hiring practices, benefits, scheduling practices, or other terms of employment.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 122

Toth, Steve

Professional liability insurance requirements

Remarks:

(AS FILED 11/14/22) Prohibits a physician or health care provider from providing care for the purpose of transitioning a child’s biological sex. Prohibits a professional liability insurance policy issued to a physician or health care provider from covering damages arising from the provision of such care. Makes the provision of such care a prohibited practice under § 164.052, Occupations Code.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 124

Johnson, Jarvis

Permitting concrete plants

Bill History:

02-23-23 H Introduced and referred to committee on House Environmental Regulation

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HB 125

Slaton, Bryan

Enforcement of election laws

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 128

Bernal, Diego

Jury exemption certain school employees

Remarks:

(AS FILED 11/14/22) Exempts classroom teachers, paraprofessionals, or librarians employed by a school district or open-enrollment charter school from jury duty.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 130

Johnson, Ann

Additional judicial districts Harris County

Remarks:

(AS FILED 11/14/22) Creates six criminal district courts in Harris County.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 137

Thompson, Senfr

Issuance air quality permits concrete plants

Companions:

HB 1627 Thompson, Senfronia (Refiled from 87R Session) SB 1350 Miles, Borris (Refiled from 87R Session)

Bill History:

02-23-23 H Introduced and referred to committee on House Environmental Regulation

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HB 138

Toth, Steve

Employee’s right to personal health privacy

Remarks:

(AS FILED 11/14/22) Prohibits an employer from taking an adverse employment action or discriminating against an employee based on the nondisclosure by the employee of personal health information. Imposes a civil penalty of $50,000 on an employer for a violation, enforceable by the attorney general.

Bill History:

02-23-23 H Introduced and referred to committee on House International Relations/Economic Dev

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HB 148

Johnson, Julie

Medical Disclosure Panel

Remarks:

(AS FILED 11/14/22) Increases the size of the Texas Medical Disclosure Panel from 9 to 11 members, at least one of which must be a person board certified in personal injury trial law. Bars the appointment of a registered lobbyist, a health care provider or a provider’s spouse, or a person who works in a health-care related field, including insurance.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 150

Johnson, Julie

Oral releases automobile insurance claims

Companions:

SB 1042 Hughes, Bryan (Identical) 2-17-23 S Filed

Remarks:

(AS FILED 11/14/22) Prohibits a claimant and an insurer that writes personal or commercial automobile insurance from entering into an oral release for claims arising out of property damage or injury for which the insurer may be liable under the policy.

Bill History:

02-23-23 H Introduced and referred to committee on House Insurance

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HB 157

Ortega, Lina

Establishment law school El Paso County

Companions:

HB 199 Ortega, Lina (Refiled from 87R Session) SB 603 Blanco, Cesar (F) (Refiled from 87R Session) SB 174 Blanco, Cesar (Identical) 2-15-23 S Introduced and referred to committee on Senate Subcommittee on Higher Education

Remarks:

(AS FILED 11/14/22) Authorizes the governing board of a university system to establish a public law school in El Paso.

Bill History:

02-23-23 H Introduced and referred to committee on House Higher Education

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HB 163

Spiller, David

Legal services to political subdivision

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 170

Spiller, David

Lobbying by certain public entities

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 189

Toth, Steve

Hospital visits during disaster

Remarks:

(AS FILED 11/14/22) Requires a hospital to allow visitation by a religious counselor of the patient’s choosing. Prohibits a hospital from limiting the number of visitors a patient may receive at any one time to not fewer than one.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 194

Ortega, Lina

Safety requirements amusement ride operators

Remarks:

(AS FILED 11/14/22) Establishes safety requirements for amusement ride operators.

Bill History:

02-23-23 H Introduced and referred to committee on House Insurance

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HB 206

Johnson, Ann

Offenses against a child

Companions:

SB 751 Flores, Pete (Identical) 2- 7-23 S Filed

Remarks:

(AS FILED 11/14/22) Eliminates the limitations period (currently 30 years) for a personal injury suit arising from sexual offenses against a child.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 217

Murr, Andrew

Limitation on the amount subcontractor’s lien

Companions:

HB 2621 Murr, Andrew (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Amends § 53.024, Property Code, to provide that the amount of a subcontractor’s lien may be the contract price less previous payments received by the original contractor and the claimant on the subcontractor.

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 233

Murr, Andrew

Identifying abuse in Health Care facilities

Companions:

SB 831 Flores, Pete (Identical) 2-10-23 S Filed

Remarks:

(AS FILED 11/14/22) Requires an inpatient mental health facility, treatment facility, or hospital that provides comprehensive medical rehabilitation services to provide four hours of continuing inservice training of employees regarding identification of patient abuse or neglect.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 242

Howard, Donna

Donation feminine hygiene products

Companions:

HB 1953 Howard, Donna (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Provides immunity from civil liability for a person that donates a feminine hygiene product to a nonprofit organization for distribution to individuals in need of the product, provided the product meets quality and labeling standards imposed by law at the time of the donation. Applies also to the nonprofit organization that distributes the product. Does not apply to intentional action or gross negligence resulting in injury.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 248

Murr, Andrew

Solicitation of patients

Remarks:

(AS FILED 11/14/22) Establishes a task force on patient solicitation by mental health and chemical dependence facilities. Includes Internet solicitation in the regulated forms of media advertising. Prohibits a facility from contracting with a marketing provider who agrees to provide general referrals or leads to prospective patients through a call center or website, unless the terms of the contract are disclosed to the prospective patient. Prohibits false and misleading statements about a facility’s services or location in advertising media or on a website. Prohibits a person from receiving a commission or any benefit for securing or soliciting a patient for or from a person licensed, certified, or registered by a state health care regulatory agency. Increases criminal and civil penalties for violations.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 256

Bernal, Diego

Sexual orientation discrimination

Remarks:

(AS FILED 11/14/22) Adds Chapter 100B, Civil Practice & Remedies Code, to prohibit discrimination in public accommodations against a person because of sexual orientation or gender identity. Creates a cause of action for actual and punitive damages, attorney’s fees, court costs, and equitable relief. Also applies to a contractor or subcontractor that contracts with the state. Amends Chapter 21, Labor Code, to make it an unlawful employment practice to discriminate against a person because of sexual orientation or gender identity. Amends Chapter 301, Property Code, to prohibit a person from discriminating against a person because of sexual orientation or gender identity in the sale or rental of property.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 262

Swanson, Valore

Violations of US Constitution

Remarks:

(AS FILED 11/14/22) Prohibits a state agency or political subdivision from cooperating with a federal agency in implementing an agency rule that the attorney general finds violates the federal constitutional rights of a citizen or exceeds the power granted to the federal government by the constitution.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 265

Bernal, Diego

Housting discrimination certain persons

Remarks:

(AS FILED 11/14/22) Amends Chapter 301, Property Code, to prohibit housing discrimination based on sexual orientation or gender identity.

Bill History:

02-23-23 H Introduced and referred to committee on House Urban Affairs

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HB 287

Johnson, Julie

Payment replacement cost of damaged property

Remarks:

(AS FILED 11/14/22) Requires a residential property insurer in a policy that includes replacement cost coverage to pay at least 80% of the estimated cost or repair for a valid claim. Does not require the insurer to pay more than replacement cost for personal property of like kind and quality.

Bill History:

02-23-23 H Introduced and referred to committee on House Insurance

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HB 291

Murr, Andrew

Occupational driver’s licenses renewals

Remarks:

(AS FILED 11/14/22) Amends Chapter 521, Transportation Code, to place new restrictions on the issuance or renewal of occupational driver’s licenses. Bars a person from applying for a license if: (1) DPS determines that the person is incapable of operating a motor vehicle under Ch. 524; (2) the person does not hold a driver’s license and is ineligible to obtain one because of a suspension order, including an order due to a conviction or under Chapters 524 or 724 (intoxication); (3) the person is ineligible because the person holds a driver’s license issued by another state or country that was revoked, suspended, or canceled for a cause other than physical or mental impairment. Provides that an occupational driver’s license does not authorize a person to operate a commercial motor vehicle to which Chapter 522 applies (moving offenses). Establishes a procedure for petitioning a court to accept applications for a license.

Bill History:

02-23-23 H Introduced and referred to committee on House Criminal Jurisprudence

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HB 292

Bernal, Diego

DTPA charges for price gouging

Remarks:

(AS FILED 11/14/22) Grants authority to district and county attorneys to investigate price gouging under the DTPA. Splits recoveries between the county and the basic civil legal services fund.

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 307

Bernal, Diego

Employers provide sick leave to employees

Companions:

HB 1298 Bernal, Diego (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Adds Chapter 83, Labor Code, to require employers to provide paid sick leave annually.

Bill History:

02-23-23 H Introduced and referred to committee on House International Relations/Economic Dev

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HB 319

Oliverson, Tom

Health care service participation opt outs

Remarks:

(AS FILED 11/14/22) Allows a person to decline to participate in a health care service for reasons of conscience. Exempts emergency care or, except as otherwise by Chapter 166, Health & Safety Code, life-sustaining treatment. Grants immunity from civil or criminal liability for a physician or health care provider who declines to participate in a health care service wholly or partly for reasons of conscience. Prohibits a person from taking adverse action against another person because the person declines to participate in a health care service for reasons of conscience, including licensure, certification, employment, staff appointments or privileges, and various other actions. Requires a health care facility to develop a written protocol for circumstances in which a person declines to participate in providing a health care service. Bars the protocol from requiring a health care facility, physician, or health care provider to counsel or refer a patient to another physician or facility. Establishes a complaint process at the appropriate licensing agency. Creates a private cause of action for injunctive relief, actual damages for “psychological, emotional, and physical injuries resulting from a violation of this law,” court costs, and attorney’s fees.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 325

Toth, Steve

Federal court proceedings

Remarks:

(AS FILED 11/14/22) Bars a county or district attorney from serving as of counsel in a federal court proceeding involving enforcement of a federal law regulating firearms, firearm accessories, or ammunition.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 326

Goodwin, Vikki

Health facility’s removal medical equipment

Remarks:

(AS FILED 11/14/22) Requires a health facility to remove all medical equipment from a deceased individual’s body before transferring the body to a funeral director. Enforceable by an administrative penalty of $500 per violation.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 344

Johnson, Jarvis

Requirements concrete plant permits

Bill History:

02-23-23 H Introduced and referred to committee on House Environmental Regulation

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HB 351

Bell, Cecil

Provision workers’ compensation insurance

Remarks:

(AS FILED 11/14/22) Authorizes a workers’ compensation insurer to contract with an accident and health insurer to offer to employers a workers’ compensation and group accident and health insurance policy together in one packaged plan. Allows a workers’ compensation insurer that offers a packaged plan to allow for medical benefits (but not other compensable injuries under the comp law) under Chapter 408, Labor Code (comp benefits) to be provided to employees through the group accident and health plan. Requires employee contributions to the group health plan to exclude any portion of the premiums allocated to the provision of workers’ compensation medical benefits. Requires a packaged policy to pay for medical examinations required by Chapter 408 from the workers’ compensation policy. Does not affect the exclusive remedy. Bars a health care provider from pursuing a private claim against a workers’ compensation claimant covered by a package plan, except to the extent permitted by § 413.042, Labor Code. Grants rulemaking authority to the commissioner of insurance.

Bill History:

02-23-23 H Introduced and referred to committee on House Insurance

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HB 356

Bell, Cecil

Business liability regarding handguns

Remarks:

(AS FILED 11/14/22) Grants immunity from liability to a person with control over the premises of a business who gives permission to a concealed carry license holder to carry a concealed firearm on the premises solely on the basis of the permission. Provides that the lack of an oral or written communication indicating that concealed firearms are prohibited on the premises constitutes permission to carry on the premises.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 365

Bucy, John

Electronic transmission ballot to a voter

Bill History:

02-23-23 H Introduced and referred to committee on House Elections

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HB 367

Jetton, Jacey

Powers duties Comm on Judicial Conduct

Remarks:

(AS FILED 11/14/22) Allows the Judicial Conduct Commission to accept complaints, conduct investigations, and take any other action with respect to a candidate for judicial office (subject to Chapter 253, Election Code) in the same manner as a judge.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 372

Johnson, Jarvis

Prohibition on operation concrete plants

Bill History:

02-23-23 H Introduced and referred to committee on House Environmental Regulation

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HB 376

Rogers, Glenn

Eminent domain landowner rights

Remarks:

(AS FILED 11/14/22) Amends § 402.031, Government Code, to require the landowner bill of rights to notify the property owner of the owner’s right to submit to the appraisal district a report of decreased value for the owner’s remaining property after the taking. Must include the comptroller’s decrease of value form.

Bill History:

02-23-23 H Introduced and referred to committee on House Land and Resource Management

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HB 384

Bell, Cecil

Sovereignty Act

Companions:

HB 1215 Bell, Cecil (Refiled from 87R Session) HB 2930 Schofield, Mike (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Establishes a committee of six House members and six senators to review federal government action to determine whether the action is unconstitutional. Requires the committee to report a determination that an action is unconstitutional to the legislature. Requires the legislature to vote on the determination and, upon approval by a majority of each house, send the determination to the governor for approval or disapproval. Provides that if the governor approves, the action is deemed unconstitutional and the secretary of state must notify Congress. Bars implementation or enforcement of an unconstitutional action. Gives the attorney general prosecution authority. Grants original jurisdiction to any state court to determine in a declaratory judgment action whether a federal action is unconstitutional.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 391

Goldman, Craig

Franchise tax repeal

Companions:

HB 1226 Metcalf, Will (Identical) 1- 9-23 H Filed

Bill History:

02-23-23 H Introduced and referred to committee on House Ways and Means

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HB 404

Collier, Nicole

Paid leave for employees

Companions:

HB 284 Collier, Nicole (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Requires private employers to provide paid leave annually. Requires employers with 75 or fewer employees to provide paid leave after the second anniversary date of the date the employer hires its first employee. Provides that paid leave accrues at one hour for each 30 hours worked up to a maximum of 40 hours per calendar year. Entitles an employee to carry over 40 hours of unused leave to the next year, unless the employer pays the employee for the unused leave or offers the full amount of leave expected to accrue in the following year. Requires an employee to work at least 18 hours a week to use paid leave. Prohibits an employer from taking an adverse employment action against an employee who requests or uses paid leave or who files a complaint with the TEC. Imposes an administrative penalty of $500 for a violation involving retaliation against an employee, $100 for other violations. Imposes liability on an employer of employee who prevails in a civil action for lost wages, salary, benefits, or other compensation, as well as equitable relief, including reinstatement or promotion. Allows the court to award reasonable attorney’s fees, expert witness fees, and other costs to the employee.

Bill History:

02-23-23 H Introduced and referred to committee on House International Relations/Economic Dev

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HB 422

VanDeaver, Gary

Proceeding juvenile cases

Companions:

HB 890 VanDeaver, Gary (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Allows a juvenile court to conduct remote proceedings without the consent of the parties. Authorizes the court to conduct a detention proceeding remotely without consent of the parties.

Bill History:

02-23-23 H Introduced and referred to committee on House Juvenile Justice and Family Issues

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HB 425

VanDeaver, Gary

Prohibition employment discrimination

Companions:

HB 318 VanDeaver, Gary (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Prohibits an employer with 20 or more employees for discriminating against an employee who is a volunteer first responder and who misses work because the employee is responding to an emergency in the employee’s capacity as a volunteer first responder. Creates a civil cause of action against the employer for lost wages and benefits and equitable relief.

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 436

Patterson, Jare

Definition abuse of child

Remarks:

(AS FILED 11/14/22) Amends the definition of “child abuse” in §261.001, Family Code, to apply to a medical professional or mental health professional who provides gender transitioning or gender affirming care.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 437

Schofield, Mike

Annual base salaries judges

Remarks:

(AS FILED 11/14/22) Pegs the compensation of a district judge to 82.5% and an appellate justice to 91% of the salary of a Supreme Court justice other than the Chief Justice. Adds § 659.0121, Government Code, to require the Legislative Budget Board, by December 31 of each even-numbered year, to calculate the base salary of a justice of the Supreme Court other than the Chief Justice and the other members of the state judiciary. Requires the LBB to include those amounts in the General Appropriations Act. Sets the amount of the annual base salary at the amount the state paid a Supreme Court justice other than the Chief Justice in the current fiscal year indexed by the CPI for two years of the preceding two state fiscal years. Allows the Legislature to reduce these amounts pro rata in the event of a lack of sufficient revenue.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 438

Schofield, Mike

Annual base salary district judge

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 441

Lopez, Ray

TCEQ notice to state officials

Companions:

HB 355 Lopez, Ray (Refiled from 87R Session)

Bill History:

02-23-23 H Introduced and referred to committee on House Environmental Regulation

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HB 448

Schofield, Mike

Damages to business by government actions

Companions:

HB 3241 Schofield, Mike (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Imposes liability on a political subdivision for losses to a business caused by a governmental action that closes the business temporarily or permanently or effectively closes the business by restricting its operations or ordering customers not to patronize it.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 450

Craddick, Tom

Royalty interest in oil and gas lease

Companions:

SB 501 Hughes, Bryan (Identical) 2-17-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

Remarks:

(AS FILED 11/14/22) Creates a cause of action for a bad faith of an overriding royalty interest in an oil and gas lease. “Washout” means the elimination or reduction of an overriding interest by the forfeiture or surrender and subsequent reacquisition of an oil and gas lease by the same lessee). The standard for “bad faith” is knowing or intentional conduct. Remedies include actual damages, a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout, and costs and attorney’s fees. Two-year statute of limitations running from the time the claimant obtained actual knowledge of the washout.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 457

Smith, Reggie

Family law matters in statutory courts

Remarks:

(AS FILED 11/14/22) Gives the county-courts-at-law in Grayson County concurrent jurisdiction with district courts over family law matters.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 464

Smith, Reggie

Criminal law magistrates Grayson County

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 471

Patterson, Jare

Benefits first responders

Remarks:

(AS FILED 11/14/22) Requires a municipality or county to provide to a firefighter, police officer, or EMS personnel a fully paid leave of absence for an illness or injury related to the person’s line of duty for up to one year. If after a year the person’s leave is not extended or the person’s salary falls below 60% of the person’s regular monthly salary, and the person is a member of a retirement system with disabilit y benefits, the person becomes eligible to receive disability retirement benefits until return to duty. Provides that a first responder temporarily disabled by an injury or illness not related to the person’s line of duty may use accumulated sick leave, vacation time, and other accrued benefits before the person may be placed on temporary leave or may have another first responder do the person’s job while the person is disabled. Allows a return to light duty for at least one year following a temporary disability and requires reinstatement to the same rank and seniority as the person had before the temporary disability. Further amends Chapter 408, Labor Code, to add the following to the conditions for which lifetime income benefits are paid to an injured employee: (1) permanent major neurocognitive disorder or psychotic disorder; (2) third degree burns the majority of both feet, one hand and one foot, one hand or one foot and the face; or (3) a serious bodily injury sustained by the employee in the course and scope of the person’s employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Amends §607.052(b), Government Code, to except from the presumption that certain diseases are occupational for first responders the responder’s or the responder’s spouse’s use of tobacco product an average of four or more times per week during any six-month period in the five years preceding the diagnosis of the disease or illness. Amends §607.056, Government Code, to expand the presumption that a heart attack or stroke suffered by a first responder during the course and scope of employment to no longer require the stressful or strenuous physical activity to be “nonroutine” (including a training exercise) or the heart attack or stroke to have occurred while the first responder were engaging in the stressful activity (now must be no later than 24 hours after the end of a shift in which the first responder engaged in the activity). Requires future collective bargaining agreements to incorporate these changes.

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 493

Meza, Terry

Death benefits under Workers’ Compensation

Companions:

HB 243 Meza, Terry (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Amends § 408.181, Labor Code, to index death benefits paid under the workers’ compensation system to the CPI for urban wage earners and clerical workers.

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 494

Meza, Terry

Employment leave family medical obligations

Companions:

HB 247 Meza, Terry (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Entitles an employee who has worked for an employer for at least one year to up to 30 days of leave to attend to the employee’s own serious health condition or the serious health condition of the employee’s spouse, child, grandchild, sibling, parent, parent-in-law, grandparent, or grandparent-in-law. Also extends to the birth of a child or care or services necessary if the employee or member of the employee’s family are a victim of family violence, sexual assault or abuse, stalking, or trafficking. Does not require leave to be paid but entitles the employee to wage replacement benefits for leave taken. Provides that if the employer offers paid leave, an employee is entitled to the average amount that would have been paid to the employee during the pay period. Does not entitle an employee to accrual of seniority or other employment benefits during the leave period or any right, benefit, or position the employee was not previously entitled to. Creates a wage replacement benefit fund funded by employee contributions of .25% of the employee’s monthly pay. Makes violations of this chapter unlawful employment practices.

Bill History:

02-23-23 H Introduced and referred to committee on House International Relations/Economic Dev

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HB 495

Meza, Terry

Rest breaks employees

Companions:

HB 263 Meza, Terry (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Mandates a governmental entity that contracts with a construction contractor to require in the contract at least a 10-minute paid rest break for every four hours worked. Authorizes a governmental entity to impose an administrative penalty of not less than $100 or more than $500 for each day an employee is not give a required rest break.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 511

Wu, Gene

Confidentiality residential eviction case

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 515

Meza, Terry

Heavy equipment maintenance

Companions:

HB 4063 Meza, Terry (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Adds Chapter 121, Business & Commerce Code, to require an original manufacturer of electronics-enabled heavy equipment, including parts for the equipment, sold or used in this state to make available on fair and reasonable terms to any independent repair provider or owner of such equipment; (1) documentation, replacement parts, and tools; and (2) documentation, replacement part, or tool necessary to disable and reset a lock when disabled in the course of diagnosis, maintenance, or repair of the equipment. Bars a provision in an agreement between an authorized repair provider and original equipment manufacturer purporting to waive or otherwise limit the original manufacturer’s obligation under the act. Does not require an authorized repair provider to make documentation, parts, and tools available for a fair and reasonable terms. Makes a violation a deceptive trade practice under Chapter 17, Business & Commerce Code.

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 521

Cain, Briscoe

Use high occupancy lane by pregnant person

Companions:

HB 1744 Leach, Jeff (Identical) 1-26-23 H Filed

Remarks:

(AS FILED 11/14/22) Allows a motor vehicle operator who is pregnant to use a high occupancy vehicle lane.

Bill History:

02-23-23 H Introduced and referred to committee on House Transportation

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HB 522

Cain, Briscoe

Designation Celebration of Life Day holiday

Remarks:

(AS FILED 11/14/22) Creates “Celebration of Life Day” as a state holiday on June 24, the date of the Dobbs decision.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 527

Wu, Gene

Civil action dismissals

Remarks:

(AS FILED 11/14/22) Amends the Texas Citizens Participation Act (Ch. 27, CPRC) to exempt from the application of the Act a legal malpractice claim.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 528

Wu, Gene

Paid time off for certain parents

Remarks:

(AS FILED 11/14/22) Requires an employer to allow an employee time off for injuries suffered by the employee or employee’s child as a result of family violence or a violent felony offense. Allows 30 working days of leave for in any 12-month period. Requires an employee to certify to the employer within a reasonable time of the employee’s initial absence from work. Requires an employee with existing leave time, personal leave time, sick leave time, or compensatory leave time to use that leave time for a planned absence. Does not require the employer to compensate the employee for leave unless the employee is otherwise entitled to compensation for other leave used. Entitles an employee who returns from leave reinstatement to the employee’s former or a comparable position and any benefits accrued before the employee took time off. Prohibits employer retaliation.

Bill History:

02-23-23 H Introduced and referred to committee on House International Relations/Economic Dev

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HB 536

Wu, Gene

Liability limits health care liability claim

Remarks:

(AS FILED 11/14/22) Amends § 74.301, CPRC, to index the $250,000 cap on noneconomic damages in health care liability cases by the CPI from September 1, 2003 to the time when damages are awarded in a judgment or settlement. Indexes both liability limits and financial responsibility amounts.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 549

Swanson, Valore

Enforcement laws relating to elections

Companions:

SB 220 Bettencourt, Paul (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Bill History:

02-23-23 H Introduced and referred to committee on House Elections

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HB 553

Troxclair, Elle

Universal basic income

Companions:

HB 4550 Toth, Steve (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Bars a political subdivision from enacting an ordinance, order, or other measure providing for a universal basic income.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 556

Vasut, Cody

Sealing of Trade Secrets

Remarks:

(AS FILED 11/14/22) Directs the supreme court to adopt rules allowing for documents containing alleged trade secrets to be filed under seal. Requires the rules to require the document to be filed with an affidavit describing the document and the basis for claiming trade secret privilege. Makes the affidavit open to public inspection. Requires the rules to provide for the unsealing of the documents on a motion by any person on a showing of a specific, serious, and substantial interest that clearly outweighs a presumption in favor of preserving the secrecy of trade secrets or a determination by the court that the document does not contain a trade secret. Requires adoption of the rule by January 1, 2024.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 558

Raymond, Richar

Prohibiting certain limits during disaster

Companions:

HB 4215 Raymond, Richard (Refiled from 87R Session) SB 1493 Springer, Drew (F) (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Prohibits an executive order issued by the governor in a declared emergency restricting the operation or hours of operation of a business that sells alcoholic beverages from including a federally tax exempt organization that benefits veterans of the US armed forces.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 567

Bowers, Rhetta

Discrimination on basis hair texture

Companions:

HB 392 Bowers, Rhetta (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Prohibits a student dress or grooming policy adopted by a school district or institution of higher education from discriminating against a hair texture or protective hair style commonly or historically associated with race. Prohibits an employer, labor union, or employment agency from doing the same. Prohibits a seller or lessor of residential real property from doing the same.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 569

Bowers, Rhetta

Common nuisance

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 592

Shaheen, Matt

Provision telehealth services

Remarks:

(AS FILED 11/14/22) Requires a telemedicine or telehealth provider licensed or certified in another state to register with the appropriate Texas licensing agency. Requires the provider to comply with the laws of Texas, maintain liability insurance as required by Texas law, consent to the jurisdiction of state courts, and be subject to disciplinary action by the appropriate Texas licensing agency.

Bill History:

02-23-23 H Introduced and referred to committee on House Select on Health Care Reform

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HB 597

Jetton, Jacey

Disputed losses certain insurance policies

Companions:

SB 1194 Zaffirini, Judith (Identical) 2-24-23 S Filed

Remarks:

(AS FILED 11/14/22) Adds Chapter 1813, Insurance Code, to require property and casualty insurance policies to conform to the appraisal procedure established by statute. Establishes an appraisal process that allows either the policyholder or insurer to demand appraisal by written notice if they fail to agree on the amount of loss. Requires the parties to select a competent appraiser not later than the 20th day after the appraisal demand. Requires the appraisers to appraise the loss not later than 30 days after selection, subject to a 60-day extension by agreement of the parties and the appraisers. Provides that if the appraisers agree, that amount is set as the amount of the loss. Provides that if the appraisers disagree, the appraisers shall select a competent umpire. Requires a judge to select the umpire if the appraisers cannot agree. Requires the umpire to determine the loss not later than 30 days after receiving notice of appointment by selecting one of the amounts submitted by the appraisers. Does not prevent a party from pursuing its rights under the policy or law. Requires the parties to pay their own appraiser and split the expense of an umpire. Requires the insurer to refund the policyholder’s expenses if the appraisal process determines that the amount of loss is $1 dollar or more than the insurer’s proposed undisputed loss statement. Provides that this process does not affect policy terms or deductibles and the use of the procedure is not a condition precedent to bringing an action for a violation of the code, breach of contract, or for any other common law or statutory remedy.

Bill History:

02-23-23 H Introduced and referred to committee on House Insurance

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HB 601

Jetton, Jacey

Deceptive insurance practices

Remarks:

(AS FILED 11/14/22) Amends § 542.003(b), Insurance Code, to make it an unfair claims settlement practice to compel a policyholder to retain a public adjuster to recover an amount due under the policy by offering substantially less than the amount ultimately recovered in a settlement with the policyholder. Amends §4102.104, Insurance Code, to require an insurer to pay a commission of a license holder for services provided to the insured as a result of the insurer’s violation of Chapter 541 or § 542.003(b), in addition to any other payment required by law.

Bill History:

02-23-23 H Introduced and referred to committee on House Insurance

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HB 602

Shaheen, Matt

Employment E-verification

Remarks:

(AS FILED 11/14/22) Requires a political subdivision to participate in the E-Verify program to verify information of all new employees.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 603

Shaheen, Matt

Limitation on certain civil suits

Companions:

HB 459 Shaheen, Matt (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Adds Chapter 128A, CPRC, to bar a civil action against a person who reports suspicious activity to law enforcement if the person acted as a reasonable person would in the same or similar circumstances and with a reasonable belief that the suspicious activity constituted or was in furtherance of a crime, including an act of terrorism.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 605

Shaheen, Matt

Disclosure negotiated rates health care

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 609

Vasut, Cody

Liability business for disease exposure

Remarks:

(AS FILED 11/14/22) Amends § 148.003, CPRC, to exempt from liability for injury or death a business owner or operator that does not require employees or contractors of the business to be vaccinated against a pandemic disease, if the injury or death results from exposure to the disease by an employee or contractor of the business.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 616

Vasut, Cody

Continuing education county district clerks

Remarks:

(AS FILED 11/14/22) Requires at least one hour of the 20 hours of required continuing education for court clerks to concern the proper selection of grand and petit juries.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 618

Darby, Drew

Recycle drill cuttings

Companions:

SB 502 Hughes, Bryan (Identical) 2-17-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

Bill History:

02-23-23 H Introduced and referred to committee on House Energy Resources

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HB 643

Patterson, Jare

Definition sexually oriented business

Companions:

HB 708 Shaheen, Matt (Identical) 11-15-22 H Filed HB 1266 Schatzline, Nate (F) (Identical) 1-11-23 H Filed SB 476 Hughes, Bryan (Identical) 2-17-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 11/14/22) Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 645

Toth, Steve

Value-based criteria prohibition

Remarks:

(AS FILED 11/14/22) Bars a financial institution or business from using value-based criteria to discriminate against, advocate for, or give disparate treatment to a person, including the person’s social media activities, membership or participation in a group or organization, political affiliation or beliefs, current or former employer, or any other social credit, environmental, social governance, or similar value-based standards. Notwithstanding the above, allows a financial institution or business to uses value-based criteria if it discloses the criteria to a potential customer. Creates a no-injury cause of action against a financial institution or business and imposes liability for injunctive relief, $100,000 in statutory damages, and costs and attorney’s fees.

Bill History:

02-23-23 H Introduced and referred to committee on House State Affairs

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HB 672

Hefner, Cole

Definition child abuse

Remarks:

(AS FILED 11/14/22) Defines “abuse” to include administering or consenting to the administration of treatment for gender transitioning or gender reassignment, except in the case of intersex children. Includes the parent of the child.

Bill History:

02-23-23 H Introduced and referred to committee on House Public Health

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HB 673

Collier, Nicole

Eviction notices

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 678

Bell, Keith

Prosecutor of election offenses

Bill History:

02-23-23 H Introduced and referred to committee on House Elections

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HB 679

Bell, Keith

Limitations on use workers’ compensation

Remarks:

(AS FILED 11/15/22) Adds § 272.003, Business & Commerce Code, to make voidable an offer to contract that requires a person to have a specified experience modifier in order to accept the offer, as well as a contract solicitation that requires a person to have a specified experience modifier in order to submit a response to the solicitation.

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 689

Rosenthal, Jon

Civil liability discriminatory false reports

Remarks:

(AS FILED 11/15/22) Adds Chapter 100B, CPRC, to impose liability on a person who makes a false report to a law enforcement agency or emergency services provider with the intent that the agency or provider take action against the falsely accused person. Limits liability to $250 if the report was submitted due to bias or prejudice against the falsely accused person’s race, color, disability religion, national origin or ancestry, age, gender, sexual orientation, or gender identity. Allows a prevailing falsely accused person to recover costs and attorney’s fees.

Bill History:

02-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

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HB 695

Rogers, Glenn

Exercise the power of eminent domain

Remarks:

(AS FILED 11/15/22) Bars a governmental or private entity from taking private property through the use of eminent domain for development of a wind project.

Bill History:

02-23-23 H Introduced and referred to committee on House Land and Resource Management

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HB 697

Holland, Justin

Seller’s disclosures regarding fuel gas

Bill History:

02-23-23 H Introduced and referred to committee on House Business and Industry

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HB 698

Neave Criado, V

Protective Order hearing remote participation

Companions:

SB 243 Johnson, Nathan (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 11/15/22) Provides that on written request by an applicant or witness who is to be protected by a proposed protective order, the court shall provide a method by which the applicant or witness may appear remotely, unless the court finds good cause to deny the request.

Bill History:

02-23-23 H Introduced and referred to committee on House Juvenile Justice and Family Issues

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HB 705

Gonzalez, Jessi

Actions against election officials

Bill History:

11-15-22 H Filed

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HB 708

Shaheen, Matt

Definition sexually oriented business

Companions:

HB 643 Patterson, Jared (Identical) 2-23-23 H Introduced and referred to committee on House State Affairs HB 1266 Schatzline, Nate (F) (Identical) 1-11-23 H Filed SB 476 Hughes, Bryan (Identical) 2-17-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 11/15/22) Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation.

Bill History:

11-15-22 H Filed

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HB 709

Harris, Cody

Use of credit scores by certain banks, lenders

Remarks:

(AS FILED 11/15/22) Prohibits a financial institution or other lender from discriminating against the customer in the price or rate for making a loan or extension of credit by basing the price or rate, wholly or partly, on a credit score, including a social credit score or an environmental, social, or governance score that is derived from “subjective or arbitrary” standards, including the customer’s social media posts, participation in the membership of an organization, political affiliation, or employer. Permits a lender to use a credit score if the lender discloses it and the customer agrees to it. Contains an exception for discontinuation or refusal of credit if it is necessary for the physical safety of employees. Imposes a civil penalty of $50,000 for the first violation and $250,000 for each subsequent violation, along with costs and attorney’s fees. Enforceable by the attorney general.

Bill History:

11-15-22 H Filed

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HB 711

Frank, James

Contract conduct affecting health care

Bill History:

11-15-22 H Filed

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HB 722

Rosenthal, Jon

Prohibition employment discrimination

Companions:

HB 698 Rosenthal, Jon (Refiled from 87R Session) SB 578 Eckhardt, Sarah (F) (Refiled from 87R Session) SB 204 Eckhardt, Sarah (Identical) 2-15-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

Remarks:

(AS FILED 11/16/22) Amends Chapter 21, Labor Code, to prohibit employment discrimination against a person on the basis of the person’s marital status, the use of assisted reproduction to become pregnant, the use of contraception or a specific form of contraception, or the obtainment or use of any other health care drug, device, or service relating to reproductive health. Includes discrimination against the employee, the employee’s spouse or partner, the employee’s dependent, and any other member of the employee’s family or household. Declares void an unenforceable a mandatory arbitration provision that limits the reproductive decisions of an employee, employee’s spouse or partner, employee’s dependent, or any other member of the employee’s family or household. Applies to labor organizations and employment agencies. Adds discrimination based on reproductive decisions everywhere in Chapter 21 that bars discrimination based on race, color, sex, national origin, religion, age, or disability.

Bill History:

11-16-22 H Filed

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HB 723

Thompson, Senfr

Unlawful employment practices with respect

Companions:

SB 108 Menendez, Jose (Identical) 2-15-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

Remarks:

(AS FILED 11/16/22) Adds § 21.202(a-2) to provide that an unlawful employment practice occurs each time a discriminatory compensation decision or other discriminatory practice affecting compensation is adopted, an individual becomes subject to the decision or practice, or an individual is adversely affected by application of the decision or practice. Amends § 21.258, Labor Code, to provide that liability may accrue, and an aggrieved individual may obtain relief (including back pay), if the unlawful practices that occurred during the period for filing a complaint are similar or related to discrimination in compensation that occurred outside the period. Makes it an unlawful employment practice for an employer to inquire into an applicant’s wage history information from the applicant or a previous employer or requires disclosure of the information as a condition of employment. Provides for enforcement by the commission in accordance with Chapter 21.

Bill History:

11-16-22 H Filed

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HB 725

Rose, Toni

Discrimination based on sexual orientation

Remarks:

(AS FILED 11/16/22) Bars an insurer from refusing to insure or provide coverage, limit the amount, extent, or kind of coverage, or charge a different rate based on the individuals’ sexual orientation or gender identity or expression. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against an individual based on sexual orientation or gender identity or expression.

Bill History:

11-16-22 H Filed

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HB 744

Dean, Jay

Local regulation gas-powered equipment

Companions:

HB 764 Cain, Briscoe (Identical) 11-18-22 H Filed

Remarks:

(AS FILED 11/17/22) Bars a political subdivision from prohibiting or restricting the use or sale of gasoline-powered landscaping equipment.

Bill History:

11-17-22 H Filed

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HB 755

Johnson, Julie

Prior authorization prescription drugs

Companions:

SB 1150 Menendez, Jose (Identical) 2-23-23 S Filed

Bill History:

11-17-22 H Filed

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HB 758

Walle, Armando

Contesting a concrete plant

Companions:

SB 817 Alvarado, Carol (Identical) 2- 9-23 S Filed

Bill History:

11-17-22 H Filed

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HB 759

Walle, Armando

Permits for concrete plants

Companions:

SB 816 Alvarado, Carol (Identical) 2- 9-23 S Filed

Bill History:

11-17-22 H Filed

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HB 764

Cain, Briscoe

Authority political subdivision to regulate

Companions:

HB 744 Dean, Jay (Identical) 11-17-22 H Filed

Remarks:

(AS FILED 11/18/22) Bars a political subdivision from prohibiting or restricting the use or sale of gasoline-powered landscaping equipment.

Bill History:

11-18-22 H Filed

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HB 766

Allen, Alma

TCEQ permit meetings

Companions:

HB 960 Allen, Alma (Refiled from 87R Session)

Remarks:

(AS FILED 11/18/22) Amends § 5.554, Water Code, to require a public meeting on a permit application requested by a member of the legislature who represents the general area in which the facility is located or proposed to be located to be held in the house district in which the facility is located or proposed to be located.

Bill History:

11-18-22 H Filed

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HB 776

Harrison, Brian

Prohibited practices by physicians

Remarks:

(AS FILED 11/18/22) Prohibits a physician from treating gender dysphoria in minors.

Bill History:

11-18-22 H Filed

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HB 778

Walle, Armando

Workers’ Compensation requirements

Companions:

HB 776 Walle, Armando (Refiled from 87R Session) SB 305 Eckhardt, Sarah (F) (Refiled from 87R Session) SB 283 Eckhardt, Sarah (Identical) 2-15-23 S Introduced and referred to committee on Senate Business and Commerce

Remarks:

(AS FILED 11/21/22) Requires contractors and subcontractors to provide workers’ compensation insurance for their employees.

Bill History:

11-21-22 H Filed

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HB 787

Patterson, Jare

Prohibition on certain tax incentives

Remarks:

(AS FILED 11/22/22) Amends Chapters 1, 101, and 301, Tax Code, to bar a business that assists an employee to obtain an abortion, including paying all or part of the costs associated with the procedure or traveling to the location of the service, from receiving a state or local tax incentive. Defines “tax incentive” as an “abatement, credit, discount, exclusion, exemption, limitation on appraised value, refund, special valuation, special accounting treatment, special appraisal method or provision, special rate, or special method of reporting authorized by state law or the state constitution.”

Bill History:

11-22-22 H Filed

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HB 788

Meza, Terry

Legal services for disabled persons

Companions:

HB 2514 Meza, Terry (Refiled from 87R Session)

Remarks:

(AS FILED 11/22/22) Establishes a task force under the Health and Human Services Commission to study access to legal services for persons with disabilities. Requires the task force to report to the legislature by December 1, 2024.

Bill History:

11-22-22 H Filed

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HB 789

Rogers, Glenn

Eligibility to be candidate for office

Companions:

HB 2764 Rogers, Glenn (F) (Refiled from 87R Session) HB 1160 Rogers, Glenn (Identical) 1- 3-23 H Filed

Bill History:

11-22-22 H Filed

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HB 790

Patterson, Jare

Claims benefits public safety employees

Remarks:

(AS FILED 11/22/22) Amends § 408.0041, Labor Code, to require the first request of the carrier, injured employee, or DWC for an examination by a designated doctor to include a request to the designated doctor to provide an opinion of the extent of the compensable injury. Amends § 409.021, Labor Code, to require the carrier contesting a claim to notify the injured employee and DWC of the specific reasons for the contest, including any disputes in the cause of the injury, the extent of the injury, or the treatment. Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not comply with the 15-day written notice of injury requirement (applies only to first responders and custodial officers under § 607.051, Government Code). Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not contest or deny the extent of a compensable injury in writing by the 60th day after which the carrier had notice of the claimed injury (applies to all injured workers). Adds § 417.005, Labor Code, to make the carrier liable for the injured worker’s reasonable and necessary medical expenses if the carrier denies a claim that is later found to be compensable in an administrative hearing. Amends § 410.156, Labor Code, to allow a party or witness to appear at an administrative hearing remotely if good cause exists and to allow an attorney who represents a party in a contested case hearing to appear remotely (no good cause requirement).

Bill History:

11-22-22 H Filed

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HB 791

Harrison, Brian

Agency review adopted rules

Remarks:

(AS FILED 11/22/22) Amends § 2001.039, Government Code, to require a state agency’s review of a rule to assess the costs imposed on a regulated person if the rule is subject to § 2001.0045 (providing that a state agency that adopts certain rules that imposes a cost on regulated persons must be offset by the repeal or amendment to another rule to reduce costs to regulated persons by the same amount). Requires the agency to post on its website the data, working papers, and other materials used by the agency to make the assessment. Terminates a rule for which the agency failed to complete a timely rule review on the day following the statutory deadline for the review. Allows a person “potentially injured” by the continued enforcement of a terminated rule to bring a civil action for a declaratory judgment against and injunctive relief from the rule’s continued enforcement. Awards a prevailing plaintiff reasonable costs and attorney’s fees from the agency.

Bill History:

11-22-22 H Filed

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HB 819

Talarico, James

Repeal of abortion laws

Remarks:

(AS FILED 11/29/22) Repeals criminal and civil statutes limiting or prohibiting abortion, including the old criminal statute, Chapter 170A and Subchapter H, Health and Safety Code (restrictions on abortions), § 30.22, CPRC (joint and several liability for attorney’s fees in suit challenging an abortion restriction), and § 311.036, Government Code (construction of abortion statutes). Contingent on voter approval of HJR 56.

Bill History:

11-29-22 H Filed

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HB 831

Johnson, Julie

Prohibition insurance discrimination

Companions:

HB 1111 Johnson, Julie (Refiled from 87R Session)

Remarks:

(AS FILED 11/30/22) Amends § 544.002, Insurance Code, to prohibit an insurer from refusing to provide coverage or continue providing coverage to an individual because of the individual’s sexual orientation or gender identity or expression.

Bill History:

11-30-22 H Filed

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HB 832

Johnson, Julie

Protection child welfare service providers

Companions:

HB 730 Gonzalez, Jessica (Refiled from 87R Session) HB 1149 Johnson, Julie (Refiled from 87R Session)

Bill History:

11-30-22 H Filed

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HB 838

Gonzalez, Jessi

Conditions applicable to health benefit plan

Companions:

HB 2310 Gonzalez, Jessica (Refiled from 87R Session) SB 676 Johnson, Nathan (Identical) 2-17-23 S Introduced and referred to committee on Senate Health and Human Services

Bill History:

12-01-22 H Filed

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HB 841

Ordaz Perez, Cl

Judicial statistics information

Remarks:

(AS FILED 12/1/22) Requires the Office of Court Administration to include case-level information on the amount and character of the business transacted by courts in its judicial statistics and other information about the courts.

Bill History:

12-01-22 H Filed

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HB 846

Reynolds, Ron

The Climate Change Impact Assessment Council

Companions:

HB 2689 Reynolds, Ron (Refiled from 87R Session)

Bill History:

12-01-22 H Filed

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HB 850

Reynolds, Ron

Gender expression discrimination

Companions:

HB 2524 Reynolds, Ron (Refiled from 87R Session)

Remarks:

(AS FILED 12/1/22) Adds Chapter 100B, CPRC, to create a private cause of action against a business or other entity for discrimination against an individual because of the individual’s sexual orientation or gender identity or expression. Allows a court to award actual and punitive damages, attorney’s fees, costs, and injunctive relief. Prohibits a contractor for the state from discriminating against an individual based on sexual orientation or gender identity or expression. Authorizes administrative penalties for violators.

Bill History:

12-01-22 H Filed

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HB 872

Gervin-Hawkins,

Toxic ingredients in lipstick and lip gloss

Remarks:

(AS FILED 12/2/22) Directs the executive commissioner of the Texas Health and Human Services Commission to adopt a rule requiring a manufacturer that sells a lip gloss or lipstick cosmetic to disclose a list of each ingredient and any toxic metal no matter the concentration.

Bill History:

12-02-22 H Filed

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HB 888

Slawson, Shelby

Health care liability in certain cases

Remarks:

(AS FILED 12/7/22) Adds § 74.252, CPRC, to extend the statute of limitations for a claim by a minor based on the administration of a puberty suppressing drug or cross-sex hormone to or the performance of surgery or another medical procedure on the minor for the purpose of gender transitioning or gender reassignment. Provides that such that a claim must be brought by the minor’s 25th birthday, rather than the 14th birthday for all other health care liability claims.

Bill History:

12-07-22 H Filed

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HB 893

Reynolds, Ron

Paid sick leave for employees

Companions:

HB 87 Reynolds, Ron (Refiled from 87R Session)

Bill History:

12-07-22 H Filed

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HB 895

Munoz, Sergio

Use extrapolation by health maintenance

Companions:

SB 519 Schwertner, Charles (Refiled from 87R Session) SB 1141 Schwertner, Charles (Identical) 2-23-23 S Filed

Bill History:

12-07-22 H Filed

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HB 896

Patterson, Jare

Use social media platforms by children

Remarks:

(AS FILED 12/7/22) Adds Subchapter C-1, Chapter 120, Business & Commerce Code, to prohibit a person aged 13 to 18 from using a social media platform. Requires social media providers to verify that accounts are held by persons older than 18 and to remove an account if requested by a parent. Makes violations of the subchapter a DTPA violation and authorizes the AG consumer protection division to bring enforcement actions.

Bill History:

12-07-22 H Filed

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HB 911

Harrison, Brian

Declared states of emergency

Remarks:

(AS FILED 12/8/22) Requires an order of the governor or local official during a declared state of emergency that affects individual rights to be narrowly tailored to serve a compelling public interest for health and safety purposes and limited in duration, applicability, and scope. Gives state courts jurisdiction to hear challenges to emergency orders. Provides that only the governor may issue an emergency order that infringes on protected constitutional rights. Limits the duration of such an order to 30 days. Requires legislative authority to extend such an order. Requires the legislature to renew a state of disaster beyond 30 days. Limits the governor’s authority to suspend state law only to state agency rules.

Bill History:

12-08-22 H Filed

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HB 916

Ordaz Perez, Cl

Contraceptive drugs

Companions:

HB 2651 Gonzalez, Jessica (Refiled from 87R Session) SB 807 Paxton, Angela (Identical) 2- 9-23 S Filed

Bill History:

12-08-22 H Filed

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HB 925

Dutton, Harold

Civil actions relating to firearms

Remarks:

(AS FILED 12/8/22) Creates a no-injury private cause of action in which any person may sue any other person for the manufacture, sale, transportation, distribution, importation, loan, or transfer of certain firearms and precursor parts. Applies both to direct violators and those who aid and abet a violation. Provides for equitable relief, statutory damages of $10,000 for each violation, and attorney’s fees and costs. Bars the award of attorney’s fees and costs to a defendant. Denies standing to a defendant from asserting the right of another to bear arms under the Second Amendment as a defense to liability. (Follows SB 8 to the letter.)

Bill History:

12-08-22 H Filed

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HB 926

Dutton, Harold

TCEQ concrete plant hearings

Bill History:

12-08-22 H Filed

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HB 933

Dutton, Harold

Notice intent to obtain permit from TCEQ

Companions:

HB 975 Dutton, Harold (Refiled from 87R Session)

Bill History:

12-08-22 H Filed

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HB 934

Dutton, Harold

Definition “affected person” for TCEQ permits

Companions:

HB 969 Dutton, Harold (Refiled from 87R Session)

Remarks:

(AS FILED 12/8/22) Makes the state senator and representative who represent the district in which a facility to which a permit application related is located an “affected person” for purposes of administrative hearings.

Bill History:

12-08-22 H Filed

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HB 935

Dutton, Harold

Comments on matters subject to TCEQ hearings

Companions:

HB 968 Dutton, Harold (Refiled from 87R Session)

Remarks:

(AS FILED 12/8/22) Amends § 5.555, Water Code, to require the executive director to respond to all public comments on a permit application, not just that are “relevant and material.” Requires the commission to consider all public comments when deciding whether to approve a permit.

Bill History:

12-08-22 H Filed

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HB 952

Dutton, Harold

Carcinogenic risk level

Companions:

HB 858 Dutton, Harold (Refiled from 87R Session) SB 1981 Miles, Borris (Refiled from 87R Session)

Remarks:

(AS FILED 12/8/22) Adds § 361.042, Health and Safety Code (Solid Waste Disposal Act), to require TCEQ to set each carcinogenic risk level used by the commission at a rate not greater than one in a million.

Bill History:

12-08-22 H Filed

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HB 955

Dutton, Harold

Costs in civil actions

Companions:

HB 2925 Dutton, Harold (Refiled from 87R Session)

Remarks:

(AS FILED 12/8/22) Amends § 18.001, CPRC, to exempt a medical bill or other itemized statement of a medical or health care service charging $50,000 or less, an expense affidavit is not required to support a finding of fact that the amount charged was reasonable and necessary.

Bill History:

12-08-22 H Filed

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HB 961

Jetton, Jacey

Annual report by justice peace

Remarks:

(AS FILED 12/9/22) Requires a justice of the peace to file an annual report of the total income received from performing marriage services, notary public services, and as registrar for the Bureau of Vital Statistics.

Bill History:

12-09-22 H Filed

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HB 970

Zwiener, Erin

Repeal of certain statutes

Companions:

SB 82 Johnson, Nathan (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs SB 111 Menendez, Jose (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 12/9/22) Repeals statutes that criminalize or negatively represent homosexual conduct.

Bill History:

12-09-22 H Filed

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HB 979

Howard, Donna

Exceptions to abortion laws

Companions:

HB 2000 Johnson, Julie (Identical) 2- 7-23 H Filed SB 122 Alvarado, Carol (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 12/12/22) Creates an exception to the abortion ban if the pregnancy results from a sexual assault, an aggravated sexual assault, or incest. Repeals the old Texas criminal abortion statute, Title 71, Chapter 6 ½, Vernon’s Statutes.

Bill History:

12-12-22 H Filed

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HB 980

Cook, David

Family law communications

Bill History:

12-12-22 H Filed

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HB 981

Lopez, Ray

Notice to legislators of TCEQ actions

Companions:

SB 813 Miles, Borris (Identical) 2- 9-23 S Filed

Remarks:

(AS FILED 12/12/22) Amends § 7.060, Water Code, to require TCEQ to send notice of a penalty to the state representative and senator representing the location where the violation occurred. Amends § 7.075(a), Water Code, to require TCEQ to send notice of a proposed administrative order or agreement to settle an enforcement action to the state representative and senator representing the location where the violation occurred.

Bill History:

12-12-22 H Filed

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HB 982

Toth, Steve

Prohibition on contracts certain companies

Remarks:

(AS FILED 12/12/22) Mandates a contract between a governmental entity and an entity (except a sole proprietorship) with 10 or more full-time employees with a value of $100,000 or more payable wholly or partly from public funds to require the contractor to verify in writing that it does not and will not during the term of the contract use prohibited ESG criteria to evaluate a business or investment strategy. Defines “prohibited ESG criteria” as environmental, social, and governance criteria that “furthers political policy at the expense of the Texas economy and company shareholders.”

Bill History:

12-12-22 H Filed

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HB 998

Paul, Dennis

Fair Plan Association insurance

Companions:

SB 741 Middleton, Mayes (F) (Identical) 2- 7-23 S Filed

Remarks:

(AS FILED 12/13/22) Amends § 544.002, Insurance Code, to prohibit an insurer from refusing to provide coverage or continue providing coverage to an individual because of the individual’s sexual orientation or gender identity or expression.

Bill History:

12-13-22 H Filed

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HB 1006

Tepper, Carl (F

Protected expression in higher education

Remarks:

(AS FILED 12/13/22) Prohibits an institution of higher education from funding or promoting diversity, equity, and inclusion. Authorizes an action for injunctive relief plus attorney’s fees and costs.

Bill History:

12-13-22 H Filed

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HB 1012

Gonzalez, Jessi

Prohibition discrimination

Companions:

HB 3860 Gonzalez, Jessica (Refiled from 87R Session) SB 1540 Menendez, Jose (Refiled from 87R Session) SB 110 Menendez, Jose (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 12/14/22) Adds Chapter 113, Business & Commerce Code, to prohibit a person from discriminating against any person because of race, color, disability, religion, sex, national origin, age, sexual orientation, or gender identity (or status as a military veteran) to full and equal accommodation in any place of public accommodation in the state. Establishes a complaint procedure at the Texas Workforce Commission. Allows a complainant to file a civil suit if the commission denies a complaint. Authorizes compensatory and punitive damages. Authorizes award of attorney’s fees to a prevailing party other than the commission. Provides trial de novo for a judicial proceeding. Provides for enforcement by the attorney general. Adds discrimination based on sexual orientation, gender identity, and status as a military veteran to unlawful employment practices parts of the Labor Code.

Bill History:

12-14-22 H Filed

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HB 1023

Harrison, Brian

Regulation laboratory developed tests

Remarks:

(AS FILED 12/15/22) Prohibits the U.S. Food and Drug Administration from regulating a clinical laboratory when the lab is performing a lab-developed test on a pathogen or agent that is the basis for a federal emergency declaration or to diagnose the health condition that is the basis for the emergency declaration. Defines the lab as a state agency but bars a state agency from regulating the lab if it did not possess that authority prior to the declared emergency. Does not relieve a lab of any state or federal liability.

Bill History:

12-15-22 H Filed

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HB 1029

Harrison, Brian

Prohibition on funding gender reassignment

Remarks:

(AS FILED 12/16/22) Prohibits state funds from being used for gender reassignment.

Bill History:

12-16-22 H Filed

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HB 1031

Slaton, Bryan

Remote vehicle disabling technology

Remarks:

(AS FILED 12/19/22) Imposes criminal liability on a manufacturer or distributor of a remote vehicle disabling technology that is capable of being activated or engaged by a motor vehicle manufacturer or governmental entity and installed on a light truck or passenger car. Violation is a state jail felony. Provides for license revocation of a person who violates the law.

Bill History:

12-19-22 H Filed

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HB 1032

Noble, Candy

Prohibited vaccination status discrimination

Remarks:

(AS FILED 12/19/22) Adds Subchapter N, Insurance Code, to prohibit a group health benefit plan issuer or a life insurance company from using an individual’s COVID-19 vaccination status to discriminate against the individual in providing coverage. Purports to preempt any other law. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against a person who has not received a COVID-19 vaccination. Immunizes an employer from suit arising from a failure to mandate a COVID-19 vaccine. Prohibits an elementary or secondary school or institution of higher education from discriminating against a student who has not received a COVID vaccination. Blocks HHSC from adding COVID-19 to the list of mandatory vaccinations.

Bill History:

12-19-22 H Filed

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HB 1033

Tepper, Carl (F

Use political tests by governmental entities

Remarks:

(AS FILED 12/19/22) Prohibits the state or a local government from requiring diversity training. Prohibits the state or a local government from entering into a contract with a company or organization that requires diversity training or any other training that may be “partisan, political, or ideological.”

Bill History:

12-19-22 H Filed

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HB 1039

Thompson, Ed

Living expenses under property insurance

Remarks:

(AS FILED 12/19/22) Requires an insurer who writes residential property insurance in Texas to cover additional living expenses incurred by the insured if the insured property is uninhabitable due to a stoppage caused by a covered loss of water, electricity, sewer, or natural gas services for a period of at least 24 hours (if the policy includes such coverage in any amount).

Bill History:

12-19-22 H Filed

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HB 1043

Hinojosa, Gina

Prohibition against covenants not to compete

Companions:

HB 4290 Hinojosa, Gina (Refiled from 87R Session)

Remarks:

(AS FILED 12/19/22) Prohibits a private employer to require an employee whose compensation is the greater of the federal minimum-wage employee or $15/hour from signing a covenant not to compete. Makes such an agreement void and unenforceable.

Bill History:

12-19-22 H Filed

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HB 1046

Tepper, Carl (F

Use political tests by universities

Remarks:

(AS FILED 12/19/22) Prohibits an institution of higher education from requiring an employee or student “to identify a commitment to or make a statement of personal belief supporting any specific partisan, political, or ideological set of beliefs,” including diversity, equity, and inclusion. Likely creates an implied cause of action.

Bill History:

12-19-22 H Filed

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HB 1047

Hinojosa, Gina

Declared disaster reports

Remarks:

(AS FILED 12/19/22) Requires the governor to submit to the Legislature, not later than 30 days after declaring or renewing a state of disaster, a report detailing contracts entered into without competitive bidding, federal money received, expenditures or expenditure plans for federal money, and each state agency or program receiving federal money or state matching funds.

Bill History:

12-19-22 H Filed

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HB 1048

Hinojosa, Gina

Landlord’s notice to residential tenants

Bill History:

12-19-22 H Filed

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HB 1049

Hinojosa, Gina

Rental application process

Bill History:

12-19-22 H Filed

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HB 1050

Hinojosa, Gina

Authority pharmacists dispense some drugs

Remarks:

(AS FILED 12/19/22) Authorizes a physician to issue a written protocol authorizing the dispensing of a self-administered hormonal contraceptive that is approved by the FDA to prevent pregnancy and a pharmacist to dispense the contraceptive to a patient 18 years of age and older under the written protocol without any other patient-specific prescription drug order. Grants immunity from damages to a physician or pharmacist acting reasonably and good faith. Provides that health plan coverage for the contraceptive applies the same way as it does to a patient-specific prescription drug order.

Bill History:

12-19-22 H Filed

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HB 1054

Turner, Chris

Workers’ comp for construction workers

Remarks:

(AS FILED 12/20/22) Adds Subchapter L, Chapter 301, Labor Code, to require a contractor to “properly classify each individual providing construction services as either an employee or an independent contractor in accordance with” TWC rules. Provides that an individual may not be considered an employee solely on the basis the individual must submit to a criminal background check or preemployment drug screening or possess a certain license or certification relating to the work the individual will perform. Provides that the contractor is not required to report an individual as an employee if the contractor shows that the individual is an independent contractor, provides a 1099 or equivalent form, and files the form with the IRS. Exempts governmental entities and religious organizations. Establishes a complaint procedure. Imposes administrative penalties on contractors for misclassifying employees. Requires TWC to report violations to a government entity that the commission reasonably believes has received construction services provided by the contractor. Requires TWC to compile an annual report detailing violations.

Bill History:

12-20-22 H Filed

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HB 1056

Hinojosa, Gina

Registration certain financial firms

Remarks:

(AS FILED 12/20/22) Requires an investment firm or financial institution that owns and offers for lease a dwelling in this state to register with the comptroller. Requires the comptroller to compile and maintain the information in a publicly accessible registry.

Bill History:

12-20-22 H Filed

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HB 1057

Hinojosa, Gina

Restrictions on purchase single-family home

Remarks:

(AS FILED 12/20/22) Bars an investment firm from entering into an executory contract to purchase a single-family home that is listed for sale before the 30th day after the date the home is listed. Makes a contract entered into before that date voidable by the seller.

Bill History:

12-20-22 H Filed

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HB 1074

Hull, Lacey

Property and casualty insurance construction

Remarks:

(AS FILED 12/21/22) Amends § 1806.002, Insurance Code, to authorize an insurer or insurer’s agent to offer or give an insured or applicant, for free or at a discounted price in a manner that is not unfairly discriminatory to insureds or applicants of the same class and of essentially the same hazard, services or other offerings not specified in the insurance policy that relate to loss control of the risks covered under the policy. Clarifies that various non-discrimination provisions in Chapter 1806 do not permit an unfair method of competition or a false, misleading, or deceptive act or practice under the DTPA. Requires the cost to the insurer or insurer’s agent of offering the product or service to be reasonable in comparison to that customer’s premiums or insurance coverage for the policy class.

Bill History:

12-21-22 H Filed

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HB 1075

Harris, Cody

Property interests foreign government

Remarks:

(AS FILED 12/21/22) ): Prohibits a foreign government, company directly or indirectly controlled by a foreign government, or company or entity owned by or the majority of stock or other ownership interest of which is held or controlled by a foreign government or foreign government controlled entity, from acquiring an interest in agricultural land.

Bill History:

12-21-22 H Filed

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HB 1077

Martinez, Arman

Establishment law school Rio Grande Valley

Companions:

HB 695 Martinez, Armando (Refiled from 87R Session)

Remarks:

(AS FILED 12/21/22) Authorizes the governing board of a university system to establish a public law school in Cameron County or Hidalgo County.

Bill History:

12-21-22 H Filed

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HB 1079

Martinez, Arman

Warning signs posted by food service

Remarks:

(AS FILED 12/21/22) Requires food service establishments that prepares food items containing peanuts or a peanut product to conspicuously post a warning sign in the area where food is consumed or on the menu.

Bill History:

12-21-22 H Filed

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HB 1080

Martinez, Arman

Cardiopulmonary resuscitation certification

Companions:

HB 1536 Martinez, Armando (Refiled from 87R Session)

Remarks:

(AS FILED 12/21/22) Permits a food service establishment to require each employee whose position requires regular interaction with customers consuming food on the premises to hold a certification in cardiopulmonary resuscitation.

Bill History:

12-21-22 H Filed

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HB 1089

Rosenthal, Jon

Contracting with certain companies

Remarks:

(AS FILED 12/21/22) Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel. Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies.

Bill History:

12-21-22 H Filed

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HB 1090

Rosenthal, Jon

Contracting with companies boycotting Israel

Remarks:

(AS FILED 12/21/22) Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel.

Bill History:

12-21-22 H Filed

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HB 1091

Rosenthal, Jon

Companies that boycott certain energy firms

Remarks:

(AS FILED 12/21/22) ): Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies.

Bill History:

12-21-22 H Filed

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HB 1092

Rosenthal, Jon

Companies that boycott firearms industry

Remarks:

(AS FILED 12/21/22) Repeals Chapter 2274, Government Code, which bars governmental entities from contracting with companies that boycott businesses that manufactures firearms or ammunition.

Bill History:

12-21-22 H Filed

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HB 1100

Johnson, Julie

Regulation senior living facilities

Companions:

SB 611 Johnson, Nathan (Identical) 2-17-23 S Introduced and referred to committee on Senate Health and Human Services

Remarks:

Requires a senior living facility to conduct criminal background checks on employees and to require contractors to conduct background checks on their employees who will have access to the facility. Requires the facility to report all criminal activity to law enforcement. Prohibits the facility from preventing or inhibiting a resident from communicating with law enforcement, family member, social worker, or other interested person regarding the safety or security of the facility. Prohibits the facility from preventing a law enforcement officer from entering a common area of the facility to conduct a voluntary interview with a resident as part of an investigation of criminal activity at the facility. Prohibits a lease, rental, or purchase agreement with a resident from waiving liability, requiring arbitration, or controlling the content or execution of the resident’s advance directive or testamentary documents. Imposes civil liability for damages to a resident for violations or failure to implement a safety policy or procedure and exempts actions from Chapter 74, CPRC.

Bill History:

12-22-22 H Filed

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HB 1128

Martinez Fische

Availability benefits under health plan

Companions:

HB 1529 Martinez Fischer, Trey (Refiled from 87R Session)

Bill History:

12-29-22 H Filed

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HB 1158

Darby, Drew

Advanced clean energy projects

Bill History:

01-03-23 H Filed

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HB 1160

Rogers, Glenn

Eligibility of candidates for elected office

Companions:

HB 2764 Rogers, Glenn (F) (Refiled from 87R Session) HB 789 Rogers, Glenn (Identical) 11-22-22 H Filed

Bill History:

01-03-23 H Filed

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HB 1164

Gervin-Hawkins,

Health benefit plan coverage hair prostheses

Bill History:

01-03-23 H Filed

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HB 1215

Cook, David

Criminal history public employment applicants

Bill History:

01-09-23 H Filed

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HB 1226

Metcalf, Will

Franchise tax repeal

Companions:

HB 391 Goldman, Craig (Identical) 2-23-23 H Introduced and referred to committee on House Ways and Means

Bill History:

01-09-23 H Filed

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HB 1234

Thompson, Ed

Residential property insurance coverage

Remarks:

(AS FILED 1/9/23) Prohibits an insurer from issuing or renewing a residential property insurance policy unless the insurer provides coverage for damage to a metal roof regardless of whether the damage impedes the function of the roof.

Bill History:

01-09-23 H Filed

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HB 1235

Thompson, Ed

Minimum vehicle liability insurance

Companions:

HB 552 Thompson, Ed (Refiled from 87R Session)

Remarks:

(AS FILED 1/9/23) Amends § 601.072(a-1), Transportation Code, to require the $25,000 minimum amount of motor vehicle liability coverage for damage to or destruction of property of others in one accident to include any diminution of value as a result of the accident. Effective January 1, 2024.

Bill History:

01-09-23 H Filed

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HB 1236

Oliverson, Tom

Definition emergency care

Companions:

SB 1139 Schwertner, Charles (Identical) 2-23-23 S Filed

Bill History:

01-09-23 H Filed

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HB 1239

Oliverson, Tom

Insurance ratemaking

Companions:

SB 833 King, Phil (F) (Identical) 2-10-23 S Filed

Remarks:

(AS FILED 1/9/23) Prohibits an insurer from considering a customer’s ESG score or consideration of diversity, equity, and inclusion factors.

Bill History:

01-09-23 H Filed

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HB 1255

Smithee, John

Limitations periods arbitration proceedings

Companions:

HB 3333 Smithee, John (Refiled from 87R Session)

Remarks:

(AS FILED 1/10/23) Adds § 16.073, CPRC, to provide that a party may not assert a claim in an arbitration proceeding that the party could not assert in court because the applicable limitations period had expired. Allows a party to assert such a claim if the party brough suit for the claim in court before the expiration of limitations, or the parties either agreed to arbitrate the claim or the court ordered the parties to arbitrate the claim.

Bill History:

01-10-23 H Filed

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HB 1266

Schatzline, Nat

Definition sexually oriented business

Companions:

HB 643 Patterson, Jared (Identical) 2-23-23 H Introduced and referred to committee on House State Affairs HB 708 Shaheen, Matt (Identical) 11-15-22 H Filed SB 476 Hughes, Bryan (Identical) 2-17-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 1/11/23) Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation.

Bill History:

01-11-23 H Filed

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HB 1268

Walle, Armando

Landlord’s liability for premises loss

Companions:

HB 4490 Walle, Armando (Refiled from 87R Session)

Remarks:

Imposes a duty on a residential landlord, in the event of a casualty loss caused by the negligence or fault of the landlord, to relocate the tenant in comparable rental property either owned by the landlord or by a third party. Makes the landlord liable to the tenant for rent exceeding the amount the tenant pays under the current lease.

Bill History:

01-11-23 H Filed

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HB 1280

Oliverson, Tom

Franchise tax reporting

Companions:

SB 953 Perry, Charles (Identical) 2-15-23 S Filed

Remarks:

(AS FILED 1/11/23) Bars a taxable entity that provides health care coverage to its officers, directors, owners, partners, or employees for abortions, including travel, or sick leave for the purpose of procuring or recovering from an abortion from subtracting the cost of the health care in calculating its taxable margin. Requires the taxable entity to certify whether its health care benefits include that coverage.

Bill History:

01-11-23 H Filed

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HB 1302

Geren, Charlie

Inspections examinations by RRC

Companions:

HB 2957 Geren, Charlie (Refiled from 87R Session) SB 1583 Hughes, Bryan (Refiled from 87R Session)

Bill History:

01-12-23 H Filed

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HB 1309

Dutton, Harold

Suits against governmental employees

Companions:

HB 2549 Dutton, Harold (Refiled from 87R Session)

Remarks:

Amends § 101.106 CPRC (Tort Claims Act) to allow a plaintiff to sue a governmental employee for assault, battery, false imprisonment, or any other intentional tort, including a tort involving disciplinary action by school authorities.

Bill History:

01-12-23 H Filed

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HB 1313

Burrows, Dustin

Study on side effects COVID vaccines

Companions:

SB 403 Springer, Drew (Identical) 2-15-23 S Introduced and referred to committee on Senate Health and Human Services

Remarks:

Requires the Health and Human Services Commission to conduct a study of adverse effects of COVID vaccines and report to the Governor and Legislature on January 1, 2024.

Bill History:

01-12-23 H Filed

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HB 1320

Geren, Charlie

Recovery under uninsured underinsured coverage

Companions:

HB 359 Geren, Charlie (Refiled from 87R Session) SB 1935 Hughes, Bryan (Refiled from 87R Session)

Bill History:

01-12-23 H Filed

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HB 1321

Clardy, Travis

Insurance practices regarding vehicles

Remarks:

(AS FILED 1/12/23) Amends § 1952.301, Insurance Code, to prohibit an insurer from requiring that: (1) a vehicle be repaired with the least expensive part or product available; (2) a vehicle owner buy a part or product from any vendor on the basis that the part or product is the least expensive. Prohibits an insurer from considering a specified part or product to be of like kind or quality as an OEM part or product for any purpose unless the insurer or manufacturer conclusively prove that the part or product meets the fit, finish, and quality criteria established by the original equipment manufacturer, is the same weight and metal hardness as the OEM part, and has been tested using the same crash and safety test criteria used by the original equipment manufacturer. Bars an insurer or adjuster from limiting the policy beneficiary from selecting a body shop to repair the vehicle “to the vehicle’s condition before the damage occurred” without owing any out-of-pocket cost other than the deductible, coercing a beneficiary from using a particular repair facility, or offering an incentive or inducement to use a particular repair facility, other than a warranty issued by the facility. Prohibits an insurer or adjuster from requiring a beneficiary or third-party claimant to travel an inconvenient distance for vehicle repair, offer, communicate, or suggest that a particular repair facility will do the job faster or more efficiently handle the claim, or disregard a repair operation or cost identified by an objective estimation system.

Bill History:

01-12-23 H Filed

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HB 1332

Herrero, Abel

Peace officer jury service exemption

Companions:

HB 2485 Herrero, Abel (Refiled from 87R Session)

Remarks:

(AS FILED 1/13/23) Exempts firefighters and police officers from jury duty.

Bill History:

01-13-23 H Filed

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HB 1336

Darby, Drew

Ownership by Landowner of geothermal energy

Companions:

SB 785 Birdwell, Brian (Identical) 2- 8-23 S Filed

Bill History:

01-13-23 H Filed

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HB 1337

Hull, Lacey

Step therapy protocols

Companions:

SB 452 Menendez, Jose (Identical) 2-17-23 S Introduced and referred to committee on Senate Health and Human Services

Remarks:

(AS FILED 1/13/23) Prohibits a health benefit plan from requiring step therapy before providing coverage of an FDA-approved prescription drug for treating serious mental illness. Allows a step therapy protocol to require a trial of a generic or pharmaceutical equivalent of a prescribed prescription drug only once in a plan year and if the equivalent drug is added to the plan’s drug formulary.

Bill History:

01-13-23 H Filed

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HB 1350

Cook, David

Enforcement criminal offenses by district

Companions:

SB 378 Parker, Tan (F) (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 1/10/23) Imposes a civil penalty on district and county attorneys who, either by formal policy or pattern or practice, prohibit or materially limit the enforcement of a criminal offense. Gives the attorney general enforcement authority and recovery of costs and attorney’s fees.

Bill History:

01-17-23 H Filed

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HB 1352

Hernandez, Ana

Provision uninsured underinsured motorist

Remarks:

(AS FILED 1/17/23) Subjects county mutual insurers to the requirements of Subchapter C, Chapter 1952, Insurance Code, which requires automobile liability insurers to provide uninsured/underinsured coverage.

Bill History:

01-17-23 H Filed

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HB 1372

Harris, Cody

Tort nuisance

Remarks:

(AS FILED 1/17/23) Adds Chapter 100C, CPRC, to limit the cause of action for public nuisance. Excludes the following claims, actions, or conditions from giving rise to a public nuisance cause of action: (1) an action or condition authorized, approved, or mandated by a court order; (2) an action or condition authorized, approved, or mandated by a statute, ordinance, regulation, permit, order, rule, or other measure issued, adopted, promulgated, or approved by the federal government, a federal agency, a state, a state agency, or a political subdivision; (3) a claim based on the manufacturing, distribution, selling, labeling, or marketing of a product, regardless of whether the product is defective; or (5) any other claim, action, or condition determined by common law not to constitute or give rise to a cause of action for public nuisance. Prohibits a governmental entity from recovering economic, noneconomic, or exemplary damages in a public nuisance action. Provides that a financial expenditure made by a governmental entity related to the remediation, abatement, or injunction of an unlawful condition does not constitute an injury sufficient to confer standing to file or maintain a public nuisance action. Allows an individual to bring a public nuisance action only for compensatory damages for an injury caused to the individual that is different in kind, not just in degree, from an injury suffered by the public. Bars a public nuisance action for interference with the use or damage to public land, air, or water with only personal, spiritual, cultural, or emotional significance to the individual. Bars the aggregation of private nuisance claims to produce a violation of established public rights.

Bill History:

01-17-23 H Filed

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HB 1387

Walle, Armando

TCEQ Hearings

Bill History:

01-18-23 H Filed

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HB 1414

Toth, Steve

Gas stove usage

Remarks:

(AS FILED 1/18/23) Bars the state or a state agency from assisting the federal government in the regulation of gas stoves.

Bill History:

01-18-23 H Filed

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HB 1419

Cain, Briscoe

Limitations on certain vaccinations

Remarks:

Repeals vaccine requirement for bacterial meningitis for new college students.

Bill History:

01-18-23 H Filed

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HB 1436

Metcalf, Will

Redesignation Montgomery County Courts

Remarks:

(AS FILED 1/18/23) Redesignates Montgomery County Court at Law No. 2 as a statutory probate court. Gives the statutory probate court concurrent jurisdiction with a district court in disputes relating to the creation of a constructive trust, declaratory judgment actions, actions in which the only relief sought is a writ of injunction, and actions to appoint a receiver. Gives the statutory probate court jurisdiction over eminent domain, regardless of amount in controversy. Allows the court to conduct remote proceedings without the consent of the parties.

Bill History:

01-18-23 H Filed

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HB 1437

Clardy, Travis

Disputed auto claims

Companions:

HB 2534 Clardy, Travis (Refiled from 87R Session) SB 1706 Blanco, Cesar (F) (Refiled from 87R Session) SB 554 Hughes, Bryan (Identical) 2-17-23 S Introduced and referred to committee on Senate Business and Commerce

Remarks:

(AS FILED 1/18/23) Adds Subchapter I, Chapter 1952, Insurance Code, to require a personal automobile insurance policy to contain an appraisal procedure. Establishes an appraisal procedure whereby: (1) the insured or insurer may demand an appraisal up to 90 days after proof of loss, (2) each party shall appoint a competent appraiser to determine the loss, and (3) in the event of a disagreement the appraisers shall appoint an umpire (or the court if the appraisers can’t agree. Provides that if the appraisal ends up $1 more than the insurer’s proposed undisputed loss statement, the insurer shall refund to the insured appraisal costs.

Bill History:

01-18-23 H Filed

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HB 1450

Collier, Nicole

Confidentiality eviction case information

Remarks:

Creates a cause of action for damages, attorney’s fees, and costs if a person other than the landlord, credit reporting agency, or person who seels eviction information discloses the existence of certain eviction cases which result in no relief for the landlord or uses eviction case information as a factor in determining a score or recommendation in a tenant screening report regarding the defendant tenant.

Bill History:

01-19-23 H Filed

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HB 1452

Anchia, Rafael

Fetal tissue remains

Remarks:

Requires a health benefit plan or other policy with a death benefit that pays burial costs to cover the cost of disposition of embryonic or fetal tissue remains with a post-fertilization age of 20 weeks or more.

Bill History:

01-19-23 H Filed

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HB 1459

Rosenthal, Jon

Routine gas flaring

Companions:

HB 1452 Rosenthal, Jon (Refiled from 87R Session)

Bill History:

01-19-23 H Filed

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HB 1467

Bucy, John

Drug testing prescription drug policies

Remarks:

Prohibits a state agency or political subdivision from requiring employees or independent contractors to submit to drug testing for cannabinoids or from obtaining or writing a prescription for low-THC cannabis or using a consumable hemp product. Prohibits a state agency or political subdivision from asking an employee about the employee’s use of low-THC cannabis or consumable hemp products. Imposes liability on a state agency or political subdivision for threatened or actual violations of the law in a judicial or administrative proceeding. Entitles a prevailing claimant compensatory damages, injunctive relief, declaratory relief, and other relief, including attorney’s fees. Waives sovereign or governmental immunity. Shields users of medical marijuana from arrest, prosecution, or penalty, or denial of any right or privilege, including administrative or civil penalty or disciplinary action by a court or state licensing board.

Bill History:

01-19-23 H Filed

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HB 1478

Ramos, Ana-Mari

Minimum standards pregnancy resource centers

Remarks:

Requires the executive commissioner of HHSC to prescribe minimum standards for pregnancy resource centers equivalent to standards for ambulatory surgical centers.

Bill History:

01-19-23 H Filed

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HB 1483

Frank, James

Adoption voidability rules proposed

Companions:

SB 918 Hall, Bob (Identical) 2-14-23 S Filed

Remarks:

(AS FILED 1/19/23) Amends § 2001.0045(c), Government Code (the Administrative Procedures Act), to require a rule that is necessary to protect the health, safety, and welfare of Texas residents to comply with the mandate that an agency cannot adopt a rule that increases costs to the regulated people or entities unless it repeals or amends another rule to offset that cost. Makes anuy rule adopted in violation of that mandate voidable.

Bill History:

01-19-23 H Filed

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HB 1490

Plesa, Mihaela

Prioritization pregnant individual’s health

Companions:

SB 203 Eckhardt, Sarah (Identical) 2-15-23 S Introduced and referred to committee on Senate Health and Human Services

Remarks:

(AS FILED 11/14/22) Requires a physician or health care practitioner to prioritize the health of a pregnant patient over the health of the fetus when recommending a health care treatment for the patient, regardless of whether the treatment poses a risk of injury or death to the fetus. Provides that the pregnant patient may refuse such treatment and treatment can only be given with the patient’s informed consent. Provides for an administrative penalty against a physician or practitioner for violations.

Bill History:

01-20-23 H Filed

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HB 1491

Harrison, Brian

Suspending entry of certain persons

Remarks:

Requires the deportation of foreign entrants to the state during the pending COVID state of emergency and the period in which the federal government requires entrants to have a COVID vaccination if the entrant does not enter through a port of entry for a health review. Requires deportation of person who have illegally entered the US in the past year from countries with US State Department travel warnings for COVID.

Bill History:

01-20-23 H Filed

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HB 1494

Cain, Briscoe

Interpretation religious freedom laws

Bill History:

01-20-23 H Filed

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HB 1502

Plesa, Mihaela

Required judge and attorney training

Companions:

HB 565 Lopez, Ray (Refiled from 87R Session)

Remarks:

(AS FILED 1/20/23) Requires judicial training programs related to family violence, human trafficking, sexual assault, and child abuse to include childhood trauma and adverse childhood experiences.

Bill History:

01-20-23 H Filed

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HB 1527

Oliverson, Tom

Dentists and health carriers

Remarks:

(AS FILED 1/23/23) Prohibits an employee benefit plan or health insurance policy provider from recovering an overpayment from a dentist unless it follows certain procedures and gives the dentist the opportunity to object within a specified time. Prohibits a plan or policy from allowing the insurer to deny payment for a covered service and from barring the dentist from balance billing. Limits the ability of a plan or policy provider to grant third-party access to a provider network and allows a dentist to opt out of participating in third party access to the network.

Bill History:

01-23-23 H Filed

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HB 1532

Schatzline, Nat

Liability of doctors providing certain care

Remarks:

(AS FILED 1/23/23) Defines medical treatment for gender transitioning as child abuse. Prohibits a professional liability insurer from covering treatment for gender transitioning. Subjects health care providers who violate the prohibition to disciplinary action.

Bill History:

01-23-23 H Filed

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HB 1543

Oliverson, Tom

Opioid antagonists

Companions:

SB 954 Perry, Charles (Identical) 2-15-23 S Filed

Remarks:

(AS FILED 1/24/23) Provides immunity to the commissioner or chief medical executive of HHSC for consequences arising from a general standing order prescribing an opioid antagonist.

Bill History:

01-24-23 H Filed

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HB 1549

Romero, Ramon

TWC penalties for failure to pay wages

Companions:

HB 2614 Romero, Ramon (Refiled from 87R Session)

Remarks:

(AS FILED 1/24/23) Amends § 61.053, Labor Code, to require the Workforce Commission to assess administrative penalties against an employer who in bad faith fails to pay wages to an employee (current law makes this discretionary). Defines “bad faith” as a history of previous violations, discriminatory or retaliatory action,  failure to pay to multiple employees at one time, failure to pay when the employer knows it’s against state law, failure to pay due to the employer’s reckless disregard for the employee.

Bill History:

01-24-23 H Filed

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HB 1553

Ashby, Trent

Definition amusement ride

Companions:

HB 1268 Ashby, Trent (Refiled from 87R Session)

Remarks:

(AS FILED 1/24/23) Amends § 2151.002(1), Occupations Code, to exclude from the definition of “amusement ride” certain challenge courses and waterslides.

Bill History:

01-24-23 H Filed

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HB 1561

Smithee, John

Interlocutory appeals

Remarks:

(AS FILED 1/24/23) Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under an abuse of discretion standard.

Bill History:

01-24-23 H Filed

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HB 1568

Allison, Steve

Licensing regulation child swim instruction

Companions:

SB 765 Zaffirini, Judith (Identical) 2- 7-23 S Filed

Remarks:

(AS FILED 1/24/23) Requires licensing and regulation of an operator that provides swim instruction to children six years of age or younger in groups of at least 3. Establishes minimum standards and a complaint and investigation process. Imposes administrative penalties for violations.

Bill History:

01-24-23 H Filed

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HB 1592

Oliverson, Tom

Application balance billing prohibitions

Remarks:

(AS FILED 1/25/23) Allows the plan sponsor of an ERISA employer health benefit plan to elect to apply the balance billing and out-of-network provider dispute resolution requirements of Chapter 1275, Insurance Code, to the plan for the relevant plan year.

Bill History:

01-25-23 H Filed

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HB 1593

Campos, Liz

Infection prevention control programs

Remarks:

(AS FILED 1/25/23) Requires long-term care facilities to designate a quality assurance committee to conduct an annual review of the facility’s infection prevention and control program and to present its findings to facility residents and personnel at a meeting that is open to the public. Requires a facility to designate a primary and secondary infection preventionist responsible for reporting, investigation, record maintenance, and implementation of such programs. Authorizes the commission to assess administrative penalties for failure to comply.

Bill History:

01-25-23 H Filed

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HB 1594

Campos, Liz

Duties social media companies

Remarks:

(AS FILED 1/25/23) Requires a social media company that discovers a person using the site to promote prostitution or human trafficking to preserve the content, notify appropriate law enforcement, remove the content, and either suspend the account or issue a warning to the account holder. Creates a Class A misdemeanor for violations.

Bill History:

01-25-23 H Filed

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HB 1607

Harris, Cody

Instruction part course at a university

Remarks:

(AS FILED 1/25/23) Prohibits a institution of higher education from requiring or making part of a course elements of so-called “critical race theory” or that American slavery was “anything other than deviating from, betrayals of, or failures to live up to the authentic founding principles of the US, including liberty and equality. Bars an institution from receiving state funds for violations.

Bill History:

01-25-23 H Filed

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HB 1627

Hernandez, Ana

Bias training judges and attorneys

Companions:

HB 2714 Hernandez, Ana (Refiled from 87R Session)

Remarks:

(AS FILED 1/25/23) Requires judicial officers and court personnel to have implicit bias training. Requires the court of criminal appeals to approve courses. Requires attorneys to take state bar-approved CLE courses on implicit bias.

Bill History:

01-25-23 H Filed

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HB 1656

Capriglione, Gi

Payment deductibles under auto insurance

Remarks:

(AS FILED 1/26/23) Amends § 27.02, Business & Commerce Code, to apply the prohibition on waiving, absorbing, or declining to collect a deductible in a transaction for good or service for $1,000 or more payable from the proceeds of a property insurance policy to automobile policies as well.

Bill History:

01-26-23 H Filed

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HB 1679

Hernandez, Ana

Unprofessional conduct by mental health

Companions:

HB 407 Hernandez, Ana (Refiled from 87R Session) HB 560 Israel, Celia (Refiled from 87R Session) SB 439 Menendez, Jose (Identical) 2-15-23 S Introduced and referred to committee on Senate Health and Human Services

Remarks:

(AS FILED 1/26/23) Bars a mental health professional, in the course of providing services to a child, from attempting to change the child’s sexual orientation or gender expression or identity or to reduce the child’s attraction to a member of the same sex.

Bill History:

01-26-23 H Filed

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HB 1685

Hernandez, Ana

Statutory changes re same-sex marriage

Remarks:

(AS FILED 1/26/23) Makes conforming changes to the Family Code to reflect same-sex marriages.

Bill History:

01-26-23 H Filed

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HB 1686

Oliverson, Tom

Gender treatment of children

Companions:

SB 625 Campbell, Donna (Identical) 2-17-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 1/26/23) Prohibits a health plan from covering and a physician from performing a gender transitioning or gender reassignment treatment on a child. Enforcement by the attorney general and license revocation by the Texas Medical Board.

Bill History:

01-26-23 H Filed

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HB 1692

Frank, James

Facility fees charged by health providers

Remarks:

(AS FILED 1/26/23) Bars a health care provider from charging a facility fee. Enforcement by administrative penalty assessed by HHSC.

Bill History:

01-26-23 H Filed

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HB 1696

Buckley, Brad

Relationship between managed care plans

Companions:

SB 860 Hughes, Bryan (Identical) 2-13-23 S Filed

Remarks:

(AS FILED 1/26/23) Establishes any willing provider requirements for managed health plans, including vision benefit plan issuers and administrators, that contract with optometrists, therapeutic optometrists, and ophthalmologists.

Bill History:

01-26-23 H Filed

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HB 1698

Jones, Jolanda

Prospective jurors summons for jury duty

Remarks:

(AS FILED 1/26/23) Requires, in a county with a million people or more, the county to summon jurors directly to a justice court, which shall hear excuses from jury duty and command a sheriff or constable to summon additional jurors if needed.

Bill History:

01-26-23 H Filed

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HB 1702

Collier, Nicole

Unfair settlement practices Workers Comp

Remarks:

(AS FILED 1/26/23) Adds § 541.060(c), Insurance Code, to apply the unfair settlement practices statute to workers’ compensation policies.

Bill History:

01-26-23 H Filed

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HB 1706

Perez, Mary Ann

Right insured to enter into contract

Remarks:

(AS FILED 1/26/23) Bars an insurance policy from prohibiting an insured to contract with a public adjuster.

Bill History:

01-26-23 H Filed

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HB 1716

Guillen, Ryan

Minimum motor vehicle liability insurance

Companions:

SB 474 Springer, Drew (Identical) 2-17-23 S Introduced and referred to committee on Senate Business and Commerce

Remarks:

(AS FILED 1/26/23) Raises the minimum auto liability coverage for damage to or destruction of property of others from $25,000 to $50,000, effective January 1, 2024.

Bill History:

01-26-23 H Filed

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HB 1726

Hernandez, Ana

Reimbursement certain telehealth claims

Companions:

SB 724 Lamantia, Morgan (F) (Identical) 2- 6-23 S Filed SB 1043 Blanco, Cesar (Identical) 2-17-23 S Filed

Remarks:

(AS FILED 1/26/23) Requires a health benefit plan issuer to reimburse a preferred or contracted professional for providing a covered health care service or procedure to a covered patient as a telemedicine medical service, teledentistry dental service, or telehealth service on the same basis and at least the same rate that the issuer reimburses that provider for in-person service. Adds credentialed mental health professionals to the list of covered providers.

Bill History:

01-26-23 H Filed

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HB 1727

Hernandez, Ana

Video recording equipment child care facility

Companions:

HB 1073 Hernandez, Ana (Refiled from 87R Session)

Remarks:

(AS FILED 1/26/23) Requires day care centers to place video recording equipment in areas where children are present, record when children are present, and retain the video for thirty days. Limits those who may view the video to an employee who is involved in an alleged incident documented by the video and reported to the commission, a parent of a child involved in an alleged incident, and appropriate commission, department, or law enforcement personnel.

Bill History:

01-26-23 H Filed

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HB 1741

Leach, Jeff

Criminal offense unauthorized disclosure non-

Companions:

SB 372 Huffman, Joan (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 1/26/23) Creates a criminal offense (Class A misdemeanor) if a person knowingly discloses the contents of any non-public judicial work product to a person who is not a justice, judge, court staff attorney, court clerk, law clerk, or other court staff routinely involved in crafting an opinion or decision for an adjudicatory proceeding.

Bill History:

01-26-23 H Filed

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HB 1744

Leach, Jeff

Use high occupancy vehicle lane by operator

Companions:

HB 521 Cain, Briscoe (Identical) 2-23-23 H Introduced and referred to committee on House Transportation

Remarks:

(AS FILED 1/26/23) Allows a motor vehicle operator who is pregnant to use a high occupancy vehicle lane.

Bill History:

01-26-23 H Filed

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HB 1745

Leach, Jeff

Civil actions re tranport network companies

Companions:

SB 901 Nichols, Robert (Identical) 2-14-23 S Filed

Remarks:

(AS FILED 1/26/23) Adds Chapter 150E, CPRC, to require a claimant bringing a personal injury action against a transportation network company to file with the petition (or at the initiation of arbitration) an affidavit by claimant’s counsel setting forth specifically for each theory of recovery (1) the negligence, if any, or other action, error, or omission of the company; and (2) the factual basis for each claim. Further requires a third-party expert affidavit attesting that the damages exceed the applicable insurance coverage. Requires a court or arbitration tribunal to dismiss the action for failure to file the affidavits. Makes an order granting or denying a motion to dismiss immediately appealable as an interlocutory appeal or grounds to file an application to a court to review the order of the arbitration tribunal. Provides that the transportation network company may not be held vicariously liable if the company did not commit a state or federal crime and has fulfilled its obligations with respect to the company driver under Chapter 2402, Occupations Code.

Bill History:

01-26-23 H Filed

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HB 1746

Hernandez, Ana

Prohibited nonconsensual medical procedures

Remarks:

(AS FILED 1/26/23) Establishes informed consent requirements and a judicial process for the treatment of foster children for intersex traits.

Bill History:

01-26-23 H Filed

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HB 1752

Toth, Steve

Liability provision to children procedures

Remarks:

(AS FILED 1/26/23) Creates a cause of action for damages, statutory punitive damages of $10 million, and costs and reasonable fees for knowingly treating or aiding or abetting the treatment of a minor for gender dysphoria or gender transitioning. Establishes a 20-year statute of limitations. Bars affirmative defenses. Eliminates jurisdictional or venue requirements. Provides that Texas law governs procedures in other states. Bars declaratory judgment actions challenging the constitutionality of the statute. Creates a cause of action against a state or local official, including a judge, who issues an order preventing or delaying a claimant from bringing a civil action under the statute. Waives governmental immunity. Provides mandatory attorney’s fees.

Bill History:

01-26-23 H Filed

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HB 1753

Goodwin, Vikki

Right to assistive reproductive technology

Remarks:

(AS FILED 1/26/23) Bars the state, local governments, and state and local officials from prohibiting or unreasonably limiting an individual from accessing an assistive reproductive technology treatment or proceeding, continuing or completing such treatment under a written plan or agreement with a health care provider, or retaining all rights regarding the use of the individual’s reproductive genetic material, including gametes. Further bars prohibiting or limiting a health care provider from providing treatment or providing evidence-based information about procedures. Bars prohibiting a health benefit plan issuer from covering an assistive reproductive technology treatment or procedure. Establishes a cause of action for injunctive relief against the state or local government or official for violations, which may be brought by the attorney general, a person adversely affected by the violation, or a health care provider on the provider’s behalf or the on behalf of the person adversely affected by the violation. Requires a court to award a claimant costs and attorney’s fees.

Bill History:

01-26-23 H Filed

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HB 1754

Smithee, John

Disclosure prescription drug information

Companions:

SB 622 Parker, Tan (F) (Identical) 2-17-23 S Introduced and referred to committee on Senate Health and Human Services

Remarks:

(AS FILED 1/26/23) Requires a health benefit plan issuer that covers prescription drugs and uses a drug formulary to disclose the formulary and up-to-date cost sharing information (as well as other information) to the enrollee or the enrollee’s prescribing provider upon request. Prohibits the issuer from delaying a response to a request, restricting communication between the provider and patient about the cash price of the drug, or interfere with or discourage access to the information (i.e., charging a fee or penalizing a provider for requesting the information.)

Bill History:

01-26-23 H Filed

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HB 1772

Ashby, Trent

Documentation required the purchase timber

Companions:

SB 1048 Nichols, Robert (Identical) 2-21-23 S Filed

Bill History:

01-27-23 H Filed

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HB 1791

Davis, Yvonne

Qualifications experts health care claims

Companions:

HB 2406 Davis, Yvonne (Refiled from 87R Session) SB 1106 Hughes, Bryan (Refiled from 87R Session)

Bill History:

01-27-23 H Filed

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HB 1806

Morales Shaw, P

Prohibition employment discrimination

Companions:

HB 3796 Morales Shaw, Penny (F) (Refiled from 87R Session)

Bill History:

01-30-23 H Filed

---

HB 1808

Jones, Jolanda

Liability insurance of peace officers

Bill History:

01-30-23 H Filed

---

HB 1810

Cain, Briscoe

Protection from employment retaliation

Bill History:

01-30-23 H Filed

---

HB 1819

Cook, David

The authority of political subdivisions

Companions:

HB 561 Israel, Celia (Refiled from 87R Session) SB 603 Hughes, Bryan (Identical) 2-17-23 S Introduced and referred to committee on Senate Criminal Justice

Bill History:

02-03-23 H Filed

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HB 1820

Meza, Terry

Landlord’s right to enter dwelling

Bill History:

02-03-23 H Filed

---

HB 1823

Sherman, Carl

Documents instruments conveying porperty

Bill History:

02-03-23 H Filed

---

HB 1839

Collier, Nicole

Workers’ Compensation reports

Bill History:

02-03-23 H Filed

---

HB 1844

Capriglione, Gi

Regulation the collection consumer data

Companions:

HB 4 Capriglione, Giovanni (Identical) 2-23-23 H Introduced and referred to committee on House Business and Industry

Bill History:

02-03-23 H Filed

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HB 1861

Guillen, Ryan

Notice nonrenewal of property casualty

Companions:

HB 1900 Smithee, John (Identical) 2- 3-23 H Filed

Bill History:

02-03-23 H Filed

---

HB 1868

Campos, Liz

Minimum staffing standards assisted living

Bill History:

02-03-23 H Filed

---

HB 1873

Campos, Liz

Patients’ rights

Bill History:

02-03-23 H Filed

---

HB 1874

Noble, Candy

Award attorney’s fees civil asset forfeiture

Bill History:

02-03-23 H Filed

---

HB 1877

Swanson, Valore

Enforcement laws relating to elections

Bill History:

02-03-23 H Filed

---

HB 1880

Howard, Donna

Applicability laws on the provision of money

Bill History:

02-03-23 H Filed

---

HB 1881

Schatzline, Nat

Agreements between counties United States

Bill History:

02-03-23 H Filed

---

HB 1896

Guillen, Ryan

Civil criminal liability certain materials

Bill History:

02-03-23 H Filed

---

HB 1899

Meyer, Morgan

Criminal insider trading

Companions:

HB 1595 Meyer, Morgan (Refiled from 87R Session)

Bill History:

02-03-23 H Filed

---

HB 1900

Smithee, John

Notice nonrenewal of property casualty

Companions:

HB 1861 Guillen, Ryan (Identical) 2- 3-23 H Filed

Bill History:

02-03-23 H Filed

---

HB 1902

Smithee, John

Disclosure requirements health care provider

Companions:

SB 1003 Johnson, Nathan (Identical) 2-17-23 S Filed

Bill History:

02-03-23 H Filed

---

HB 1915

Hefner, Cole

Land services performed by landman

Companions:

SB 604 King, Phil (F) (Identical) 2-17-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

Bill History:

02-03-23 H Filed

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HB 1918

Lopez, Janie (F

Publication by AG of contingent fee contracts

Bill History:

02-03-23 H Filed

---

HB 1936

Lozano, Jose

Electronic device filters explicit material

Companions:

SB 417 Paxton, Angela (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Bill History:

02-06-23 H Filed

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HB 1941

Howard, Donna

Purchase use and access contraceptives

Bill History:

02-06-23 H Filed

---

HB 1945

Rosenthal, Jon

Access to Internet websites schools

Bill History:

02-06-23 H Filed

---

HB 1947

Harrison, Brian

De novo review interpretation laws

Bill History:

02-06-23 H Filed

---

HB 1948

Harrison, Brian

Requirement rules proposed by agencies

Bill History:

02-06-23 H Filed

---

HB 1953

Plesa, Mihaela

Exceptions to abortion laws

Bill History:

02-06-23 H Filed

---

HB 1963

Leach, Jeff

Construction contract trust funds

Bill History:

02-06-23 H Filed

---

HB 1971

Ashby, Trent

Application permit Groundwater districts

Bill History:

02-07-23 H Filed

---

HB 1973

Harris, Carolin

Itemized billing health care services

Companions:

SB 490 Hughes, Bryan (Identical) 2-17-23 S Introduced and referred to committee on Senate Health and Human Services

Bill History:

02-07-23 H Filed

---

HB 1985

Vasut, Cody

Longevity pay judges

Bill History:

02-07-23 H Filed

---

HB 1989

Cook, David

Fees assessed by district clerk

Bill History:

02-07-23 H Filed

---

HB 1995

Goodwin, Vikki

Licensed firearms dealer sales reports

Bill History:

02-07-23 H Filed

---

HB 1997

Ortega, Lina

UTEP law school

Bill History:

02-07-23 H Filed

---

HB 1999

Johnson, Julie

Employee sexual harassment complaints

Companions:

SB 1041 Hughes, Bryan (Identical) 2-17-23 S Filed

Bill History:

02-07-23 H Filed

---

HB 2000

Johnson, Julie

Exceptions to laws abortion

Companions:

HB 979 Howard, Donna (Identical) 12-12-22 H Filed SB 122 Alvarado, Carol (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Bill History:

02-07-23 H Filed

---

HB 2007

Martinez, Arman

Certificate merit licensed professionals

Bill History:

02-07-23 H Filed

---

HB 2014

Leach, Jeff

Reimbursement jury service

Bill History:

02-07-23 H Filed

---

HB 2015

Leach, Jeff

Jury service exemptions

Bill History:

02-07-23 H Filed

---

HB 2021

Oliverson, Tom

Applicability insurance laws to pharmacy

Companions:

SB 1137 Schwertner, Charles (Identical) 2-23-23 S Filed

Bill History:

02-08-23 H Filed

---

HB 2022

Leach, Jeff

Residential construction liability

Companions:

SB 873 King, Phil (F) (Identical) 2-13-23 S Filed

Bill History:

02-08-23 H Filed

---

HB 2023

Munoz, Sergio

Award court costs attorney’s fees

Bill History:

02-08-23 H Filed

---

HB 2024

Leach, Jeff

Statutes limitation certain home claims

Companions:

SB 939 King, Phil (F) (Identical) 2-14-23 S Filed

Bill History:

02-08-23 H Filed

---

HB 2035

Slawson, Shelby

Authority government to regulate evictions

Companions:

SB 986 Creighton, Brandon (Identical) 2-16-23 S Filed

Bill History:

02-08-23 H Filed

---

HB 2039

Hull, Lacey

Automobile liability insurance certain drivers

Bill History:

02-08-23 H Filed

---

HB 2045

Bowers, Rhetta

From court reporter transcript fees county

Companions:

SB 556 West, Royce (Identical) 2-17-23 S Introduced and referred to committee on Senate Jurisprudence

Bill History:

02-08-23 H Filed

---

HB 2049

Zwiener, Erin

Issuance permit by the Utility Commission

Bill History:

02-08-23 H Filed

---

HB 2050

Zwiener, Erin

Government prohibitions certain packaging

Companions:

HB 176 Zwiener, Erin (Refiled from 87R Session)

Bill History:

02-08-23 H Filed

---

HB 2065

Thompson, Ed

Nonrenewal auto insurance

Bill History:

02-08-23 H Filed

---

HB 2068

Paul, Dennis

Fiduciary responsibility of government

Bill History:

02-08-23 H Filed

---

HB 2115

Flores, Lulu (F

Damages claims involving sexual assault

Bill History:

02-09-23 H Filed

---

HB 2116

Bumgarner, Ben

Gender reassignment evaluations

Bill History:

02-09-23 H Filed

---

HB 2119

Dorazio, Mark (

Award attorney’s fees Groundwater CD suits

Bill History:

02-09-23 H Filed

---

HB 2127

Burrows, Dustin

Preemption municipal county regulation

Companions:

SB 814 Creighton, Brandon (Identical) 2- 9-23 S Filed

Bill History:

02-09-23 H Filed

---

HB 2128

Bailes, Ernest

Charging exorbitant excessive prices

Bill History:

02-09-23 H Filed

---

HB 2139

Burrows, Dustin

Construction codes & statutes

Bill History:

02-09-23 H Filed

---

HB 2155

Patterson, Jare

Social media platforms

Bill History:

02-10-23 H Filed

---

HB 2161

Dutton, Harold

Reports on SOAH hearing to legislature

Bill History:

02-10-23 H Filed

---

HB 2180

Harris, Cody

Application prescription drug price rebates

Bill History:

02-10-23 H Filed

---

HB 2206

Patterson, Jare

Social media

Bill History:

02-13-23 H Filed

---

HB 2211

Landgraf, Brook

Exclusive jurisdiction the to regulate

Companions:

SB 1261 Birdwell, Brian (Refiled from 87R Session) SB 784 Birdwell, Brian (Identical) 2- 8-23 S Filed

Bill History:

02-13-23 H Filed

---

HB 2215

Howard, Donna

Exceptions to abortion laws

Bill History:

02-13-23 H Filed

---

HB 2252

Turner, Chris

Regulation trampoline courts

Bill History:

02-13-23 H Filed

---

HB 2254

Turner, Chris

Regulation trampoline courts amusement rides

Bill History:

02-13-23 H Filed

---

HB 2265

Leach, Jeff

Award compensatory damages caused by delays

Companions:

SB 803 Hughes, Bryan (Identical) 2- 9-23 S Filed

Bill History:

02-13-23 H Filed

---

HB 2266

Leach, Jeff

Judicial review certain local laws

Companions:

HB 610 Swanson, Valoree (Refiled from 87R Session)

Bill History:

02-13-23 H Filed

---

HB 2284

King, Ken

Right to repurchase real property

Bill History:

02-14-23 H Filed

---

HB 2298

Talarico, James

Family medical leave

Companions:

HB 4100 Talarico, James (Refiled from 87R Session)

Bill History:

02-14-23 H Filed

---

HB 2301

Thierry, Shawn

Emergency generators other power sources

Companions:

HB 795 Thompson, Ed (Identical) 11-28-22 H Filed

Bill History:

02-14-23 H Filed

---

HB 2308

Ashby, Trent

Nuisance actions

Bill History:

02-14-23 H Filed

---

HB 2310

Canales, Terry

Construction defect litigation

Bill History:

02-14-23 H Filed

---

HB 2311

Dutton, Harold

Peace officer liability improper response

Bill History:

02-14-23 H Filed

---

HB 2313

Thompson, Senfr

Training materials transportation network

Bill History:

02-14-23 H Filed

---

HB 2314

Canales, Terry

Filing death benefits claims workers’ comp

Bill History:

02-14-23 H Filed

---

HB 2316

Canales, Terry

Employment peace officers

Companions:

HB 2047 Talarico, James (Refiled from 87R Session) HB 3259 Sanford, Scott (Refiled from 87R Session)

Bill History:

02-14-23 H Filed

---

HB 2317

Canales, Terry

Presumptions applicable to claims benefits

Bill History:

02-14-23 H Filed

---

HB 2318

Zwiener, Erin

Eminent domain property

Bill History:

02-14-23 H Filed

---

HB 2324

Allison, Steve

Regulation health professionals

Bill History:

02-14-23 H Filed

---

HB 2331

Stucky, Lynn

Requests to municipality production

Companions:

SB 569 Springer, Drew (Identical) 2-17-23 S Introduced and referred to committee on Senate State Affairs

Bill History:

02-14-23 H Filed

---

HB 2336

Thimesch, Krond

Prohibitions connection with online sale

Companions:

SB 58 Zaffirini, Judith (Identical) 2-15-23 S Introduced and referred to committee on Senate Business and Commerce

Bill History:

02-15-23 H Filed

---

HB 2342

Guillen, Ryan

Limitation on certain civil actions

Bill History:

02-15-23 H Filed

---

HB 2350

Harris, Cody

Authority political subdivision

Bill History:

02-15-23 H Filed

---

HB 2362

Martinez Fische

Declared states of disaster

Companions:

HB 1557 Martinez Fischer, Trey (Refiled from 87R Session)

Bill History:

02-15-23 H Filed

---

HB 2367

Lozano, Jose

Regulation residential amenity rentals

Bill History:

02-15-23 H Filed

---

HB 2374

Landgraf, Brook

Regulation of energy source certain entities

Companions:

SB 1017 Birdwell, Brian (Identical) 2-17-23 S Filed

Bill History:

02-15-23 H Filed

---

HB 2383

Leach, Jeff

Court deposition transcription services

Bill History:

02-15-23 H Filed

---

HB 2384

Leach, Jeff

Court administration

Bill History:

02-15-23 H Filed

---

HB 2403

Paul, Dennis

Establishment the Health Insurance Mandate

Bill History:

02-16-23 H Filed

---

HB 2418

Raney, John

Additional judicial district Brazos County

Bill History:

02-16-23 H Filed

---

HB 2421

Lozano, Jose

Reenactment expired Economic Development Act

Bill History:

02-16-23 H Filed

---

HB 2425

Isaac, Carrie (

Prohibition on governmental contacts China

Bill History:

02-16-23 H Filed

---

HB 2437

Zwiener, Erin

Regulation, monitoring, enforcement by TCEQ

Bill History:

02-16-23 H Filed

---

HB 2440

Stucky, Lynn

Municipal regulation of health professions

Bill History:

02-17-23 H Filed

---

HB 2444

Thimesch, Krond

Prohibitions connection with event ticket

Bill History:

02-17-23 H Filed

---

HB 2459

Vo, Hubert

Employment of children

Bill History:

02-17-23 H Filed

---

HB 2468

Burrows, Dustin

Eligibility injured employee lifetime income

Companions:

SB 1033 Perry, Charles (Identical) 2-17-23 S Filed

Bill History:

02-17-23 H Filed

---

HB 2470

Kuempel, John

Prohibited adverse employment action

Companions:

HB 2002 Sanford, Scott (Refiled from 87R Session)

Bill History:

02-17-23 H Filed

---

HB 2498

Swanson, Valore

Conduct administration elections

Bill History:

02-17-23 H Filed

---

HB 2516

Walle, Armando

Rights duties residential tenants

Bill History:

02-17-23 H Filed

---

HB 2519

Thompson, Senfr

Law enforcement misconduct

Bill History:

02-21-23 H Filed

---

HB 2534

Turner, Chris

Confidentiality working papers of judges

Bill History:

02-21-23 H Filed

---

HB 2539

Noble, Candy

Worker’s compensation system

Bill History:

02-21-23 H Filed

---

HB 2551

Shaheen, Matt

Licensing regulation associate physicians

Bill History:

02-21-23 H Filed

---

HB 2556

Oliverson, Tom

Licensing regulation physician graduates

Bill History:

02-21-23 H Filed

---

HB 2567

Allison, Steve

Probate Court No. 3 of Bexar County

Bill History:

02-21-23 H Filed

---

HB 2584

Paul, Dennis

Indemnification real property appraisers

Bill History:

02-21-23 H Filed

---

HB 2604

Morales Shaw, P

Establishment paid parental leave program

Companions:

SB 1079 Zaffirini, Judith (Identical) 2-22-23 S Filed

Bill History:

02-22-23 H Filed

---

HB 2619

Tinderholt, Ton

Violation Election Code

Bill History:

02-22-23 H Filed

---

HB 2628

Moody, Joe

Resale price real property

Bill History:

02-22-23 H Filed

---

HB 2632

Plesa, Mihaela

Reverse mortgage loan agreements

Bill History:

02-22-23 H Filed

---

HB 2636

Murr, Andrew

Liability recreational vehicle park

Companions:

HB 1478 Cyrier, John (Refiled from 87R Session)

Bill History:

02-22-23 H Filed

---

HB 2657

Leach, Jeff

Voidable construction contracts

Bill History:

02-22-23 H Filed

---

HB 2690

Toth, Steve

Abortion

Bill History:

02-23-23 H Filed

---

HB 2702

Guillen, Ryan

Workers’ comp medical exams

Bill History:

02-23-23 H Filed

---

HB 2709

Slaton, Bryan

Abortion criminality

Bill History:

02-23-23 H Filed

---

HB 2712

Schaefer, Matt

Agency rules

Bill History:

02-23-23 H Filed

---

HB 2722

Schaefer, Matt

School bathrooms

Bill History:

02-23-23 H Filed

---

HB 2723

Dean, Jay

Annual salary supplement county judges

Bill History:

02-23-23 H Filed

---

HB 2752

Schaefer, Matt

TDI documents

Bill History:

02-23-23 H Filed

---

HB 2758

Paul, Dennis

State contracts foreign companies

Bill History:

02-23-23 H Filed

---

HB 2760

Hefner, Cole

Disclosure gifts

Bill History:

02-23-23 H Filed

---

HB 2764

Slaton, Bryan

Self-inducement abortion self-prescription

Bill History:

02-23-23 H Filed

---

HB 2765

Slaton, Bryan

Abortion

Bill History:

02-23-23 H Filed

---

HJR 26

Schofield, Mike

Eminent domain repurchase rights

Remarks:

(AS FILED 11/14/22) Amends Art. III, § 52j, Texas Constitution, to require an entity, including a private entity, with eminent domain authority to offer to sell property acquired by eminent domain to the owner or owner’s heirs, successors, or assigns, for the price the entity paid at the time the property was acquired by eminent domain.

Bill History:

11-14-22 H Filed

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HJR 39

Vasut, Cody

State judge retirement mandate

Companions:

HJR 66 Vasut, Cody (F) (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Amends Art. V, § 1-a(1), Texas Constitution, to repeal the mandatory retirement age for judges.

Bill History:

11-14-22 H Filed

---

HJR 54

Rogers, Glenn

Candidate requirements public office

Companions:

HJR 117 Rogers, Glenn (F) (Refiled from 87R Session)

Bill History:

11-22-22 H Filed

---

HJR 56

Talarico, James

Abortion care and access

Remarks:

(AS FILED 11/29/22) Prohibits the legislature from passing a law that abridges an individual’s access to abortion care if the individual’s decision to access abortion care is made in consultation with a licensed physician.

Bill History:

11-29-22 H Filed

---

HJR 58

Frank, James

Right of parents to raise their children

Companions:

HJR 85 Burrows, Dustin (Identical) 1-20-23 H Filed

Bill History:

12-06-22 H Filed

---

HJR 61

Johnson, Julie

Repeal marriage amendment

Companions:

HJR 58 Beckley, Michelle (Refiled from 87R Session) SJR 15 Johnson, Nathan (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 12/9/22) Repeals Art. I, § 32, Texas Constitution, which provides that marriage consists only of the union between one man and one woman.

Bill History:

12-09-22 H Filed

---

HJR 62

Goodwin, Vikki

Reproductive autonomy

Companions:

SJR 21 Eckhardt, Sarah (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 12/9/22) Proposes an amendment to Art. I, Texas Constitution, to recognize an individual’s reproductive choice.

Bill History:

12-09-22 H Filed

---

HJR 63

Allen, Alma

Prohibition on slavery

Companions:

HJR 51 Allen, Alma (Refiled from 87R Session) SJR 66 Miles, Borris (Refiled from 87R Session)

Remarks:

(AS FILED 12/13/22) Adds Art. I, § 36, to prohibit any person from being held in slavery or involuntary servitude for any reason, including as punishment for a crime (the Texas Constitution does not currently ban slavery).

Bill History:

12-13-22 H Filed

---

HJR 81

Schofield, Mike

Eminent domain restrictions

Companions:

HJR 93 Schofield, Mike (Refiled from 87R Session)

Remarks:

(AS FILED 1/18/23) Amends Art. I, § 17(b), Texas Constitution, to exclude from the definition of “public use” the taking of property by a public entity for transfer to a private entity for any purpose.

Bill History:

01-18-23 H Filed

---

HJR 85

Burrows, Dustin

Parental right to raise their children

Companions:

HJR 58 Frank, James (Identical) 12- 6-22 H Filed

Remarks:

(AS FILED 1/20/23) Adds Art. I, § 36, to enshrine the liberty of a parent to direct the upbringing of the parent’s child as a fundamental right, including the right to direct the care, custody, control, education, moral and religious training, and medical care of the child. Requires a compelling governmental interest and narrowly tailored remedy to interfere with the right.

Bill History:

01-20-23 H Filed

---

HJR 98

Tinderholt, Ton

Voting crimes

Companions:

HJR 110 Isaac, Carrie (F) (Identical) 2-10-23 H Filed

Bill History:

02-03-23 H Filed

---

HJR 106

Schaefer, Matt

Right to travel by human decision-making

Bill History:

02-08-23 H Filed

---

HJR 107

Price, Four

Proposing constitutional amendment increase

Companions:

SJR 40 Hinojosa, Chuy (Identical) 2- 7-23 S Filed

Bill History:

02-08-23 H Filed

---

HJR 110

Isaac, Carrie (

Voting crimes

Companions:

HJR 98 Tinderholt, Tony (Identical) 2- 3-23 H Filed

Bill History:

02-10-23 H Filed

---

HJR 114

Toth, Steve

Vaccination refusal rights

Bill History:

02-17-23 H Filed

---

HJR 119

Goodwin, Vikki

Clean and healthy environment

Bill History:

02-21-23 H Filed

---

SB 58

Zaffirini, Judi

Prohibitions connection with online sale

Companions:

HB 2336 Thimesch, Kronda (F) (Identical) 2-15-23 H Filed

Remarks:

(AS FILED 11/14/22) Adds Chapter 328, Business & Commerce Code, to prohibit the sale or use of any technology, device, or software in the sale of a good on an Internet website that: (1) functions as a bypass in the purchasing process; (2) disguises the identity of the purchaser; (3) permits the purchase of a quantity of goods exceeding the maximum number that may be sold to one purchaser as specified by the seller or operator on the website; (4) allows for the unauthorized access to or identification of gift card information; or (5) circumvents a security measure, access control system, or other control, authorization, or measure in the purchasing process. Enforcement by the attorney general, who may recover court costs, attorney’s fees, and investigation fees.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Business and Commerce

---

SB 67

Zaffirini, Judi

Wage theft database

Bill History:

02-15-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

---

SB 78

Johnson, Nathan

Provision abortion-inducing drug

Remarks:

(AS FILED 11/14/22) Amends § 171.063(c), Health and Safety Code, to extend the period in which a physician may provide an abortion-inducing drug from 49 to 70 days of gestational age. Pre-empts any other law or local ordinance.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 79

Johnson, Nathan

Repeal of laws prohibiting abortion

Remarks:

(AS FILED 11/14/22) Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 81

Johnson, Nathan

Addressing certain statutory changes

Remarks:

(AS FILED 11/14/22) Changes applicable statutes to reflect the legality of same-sex marriage.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 82

Johnson, Nathan

Repeal of certain statutes

Companions:

HB 970 Zwiener, Erin (Identical) 12- 9-22 H Filed SB 111 Menendez, Jose (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 11/14/22) Repeals statutes that criminalize or negatively represent homosexual conduct.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 97

Johnson, Nathan

Governor actions during disaster

Remarks:

(AS FILED 11/14/22) Requires the governor to limit an emergency order to the specific conditions or requirements of the disaster that is the subject of the order. Requires the governor to publish a weekly list, in chronological order, of all emergency orders issued in the prior seven-day period.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 98

Johnson, Nathan

Renewal declared state of disaster

Remarks:

(AS FILED 11/14/22) Provides that if the legislature is in regular or called session during a state of disaster, only the legislature may renew the state of disaster. Bars the governor from declaring a new state of emergency based on the same or a substantially similar finding as a prior state of disaster if the legislature has terminated or not renewed a state of disaster.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 99

Johnson, Nathan

Authority the governor during disaster

Remarks:

(AS FILED 11/14/22) Requires the governor who determines that a declared state of disaster should be extended beyond 90 days of the date of the disaster if the joint disaster oversight committee holds a public hearing, the legislature in regular or called session approves the renewal by law and states the maximum number of days the renewal can continue, and the governor’s renewal expires not later than the date of expiration determined by the legislature. Provides for the appointment of the oversight committee (four House members, four Senators). Bars the governor from declaring a new state of emergency based on the same or a substantially similar finding as a prior state of disaster if the legislature has terminated or not renewed a state of disaster.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 100

Johnson, Nathan

Governor’s authority after disaster

Remarks:

(AS FILED 11/14/22) Restricts the governor’s emergency powers to the state of disaster itself (eliminates the extension of power to the recovery period after the disaster).

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 108

Menendez, Jose

Unlawful employment practices

Companions:

HB 723 Thompson, Senfronia (Identical) 11-16-22 H Filed

Bill History:

02-15-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

---

SB 110

Menendez, Jose

Prohibition discrimination

Companions:

HB 3860 Gonzalez, Jessica (Refiled from 87R Session) SB 1540 Menendez, Jose (Refiled from 87R Session) HB 1012 Gonzalez, Jessica (Identical) 12-14-22 H Filed

Remarks:

(AS FILED 11/14/22) Adds Chapter 113, Business & Commerce Code, to prohibit a person from discriminating against any person because of race, color, disability, religion, sex, national origin, age, sexual orientation, or gender identity (or status as a military veteran) to full and equal accommodation in any place of public accommodation in the state. Establishes a complaint procedure at the Texas Workforce Commission. Allows a complainant to file a civil suit if the commission denies a complaint. Authorizes compensatory and punitive damages. Authorizes award of attorney’s fees to a prevailing party other than the commission. Provides trial de novo for a judicial proceeding. Provides for enforcement by the attorney general. Adds discrimination based on sexual orientation, gender identity, and status as a military veteran to unlawful employment practices parts of the Labor Code.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 111

Menendez, Jose

Statutes regarding the criminality

Companions:

HB 970 Zwiener, Erin (Identical) 12- 9-22 H Filed SB 82 Johnson, Nathan (Identical) 2-15-23 S Introduced and referred to committee on Senate State Affairs

Remarks:

(AS FILED 11/14/22) Repeals statutes that criminalize or negatively represent homosexual conduct.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 122

Alvarado, Carol

Exceptions to abortion laws

Companions:

HB 979 Howard, Donna (Identical) 12-12-22 H Filed HB 2000 Johnson, Julie (Identical) 2- 7-23 H Filed

Remarks:

(AS FILED 11/14/22) Creates an exception to the abortion ban if the pregnancy results from a sexual assault, an aggravated sexual assault, or incest. Repeals the old Texas criminal abortion statute, Title 71, Chapter 6 ½, Vernon’s Statutes.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 123

Alvarado, Carol

Exceptions to abortion laws

Remarks:

(AS FILED 11/14/22) Amends § 170A.001(3), Health and Safety Code, to change the definition of “pregnant” to refer to an embryo or fetus in the human body, as opposed to the current “living unborn child” within “the female’s body.” Creates exceptions to the abortion ban for abortions performed, in the physician’s best judgment (as opposed to “reasonable medical judgment”) to preserve the pregnant patient’s life or physical or mental health, at the request of the pregnant patient because of a lethal fetal anomaly or diagnosis, of requested because of a life-limiting diagnosis that indicates the existence of the fetus outside the womb is incompatible with life absent extraordinary medical intervention. Requires that an abortion under these conditions be considered independently by the pregnant patient and physician. Bars a medical review committee from overriding a determination by the patient and physician.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 130

Campbell, Donna

Wages and employment benefits

Companions:

SB 551 Campbell, Donna (Refiled from 87R Session)

Remarks:

(11/14/22) Prohibits a city or county from regulating employment benefits.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Business and Commerce

---

SB 131

Campbell, Donna

TCEQ hearings on concrete plant construction

Bill History:

02-15-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

---

SB 147

Kolkhorst, Lois

Real property purchase by certain aliens

Remarks:

(AS FILED 11/14/22) Adds § 5.0051, Property Code, to prohibit China, Russia, Iran, and North Korea and any businesses directly or indirectly owned by their governments or individual citizens of those countries from acquiring title to real property in Texas.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 149

Springer, Drew

Authority municipality to regulate commerce

Companions:

HB 3790 Shaheen, Matt (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Bars a city from regulating commercial activity. Does not apply to a uniquely local concern, local land use, protection of citizens’ physical safety, regulation explicitly authorized by statute, or a measure that requires nondiscrimination in the provision of employment or service to any person on the basis of any state or federally protected class.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Business and Commerce

---

SB 155

Huffman, Joan

Benefits members military forces survivors

Companions:

HB 90 Patterson, Jared (Identical) 2-23-23 H Introduced and referred to committee on House Defense and Veterans’ Affairs

Bill History:

02-15-23 S Introduced and referred to committee on Senate Finance

---

SB 162

Perry, Charles

Birth certificate prohibited changes

Remarks:

(AS FILED 11/14/22) Requires birth certificates to list the biological sex of the child.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 167

Springer, Drew

Auto insurance pools certain claims

Remarks:

(AS FILED 11/14/22) Directs the Commissioner of Insurance to establish a pool for paying the deductible incurred by a person with a valid claim against an individual who is excluded from coverage in a named insured policy. Permits TDI to assess insurers to fund the pool.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Business and Commerce

---

SB 174

Blanco, Cesar

Establishment law school El Paso County

Companions:

HB 199 Ortega, Lina (Refiled from 87R Session) HB 157 Ortega, Lina (Identical) 2-23-23 H Introduced and referred to committee on House Higher Education

Remarks:

(AS FILED 11/14/22) Authorizes the governing board of a university system to establish a public law school in El Paso.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Subcommittee on Higher Education

---

SB 177

Middleton, Maye

Informed consent before provision medical

Companions:

HB 81 Harrison, Brian (Identical) 2-23-23 H Introduced and referred to committee on House Public Health

Remarks:

(AS FILED 11/14/22) Prohibits a person from compelling or coercing an individual lawfully residing in the state into obtaining a COVID-19 vaccination contrary to the individual’s vaccination preference. Requires a health care provider to obtain an informed consent for a COVID vaccine. Prohibits a person from taking an adverse action based on the person’s refusal to obtain a COVID vaccine. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

---

SB 179

Miles, Borris

Permitting process air contaminant emissions

Companions:

SB 87 Miles, Borris (Refiled from 87R Session)

Remarks:

(AS FILED 11/14/22) Requires TCEQ to consider the effect of cumulative emissions from a facility or proposed facility and from other facilities located less than three miles from the facility or proposed facility.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

---

SB 201

Eckhardt, Sarah

Assessment damages condemned property

Remarks:

(AS FILED 11/14/22) Amends § 21.041, Property Code, to require special commissioners to admit evidence of the market value of the property’s highest and best use without consideration of the property’s conservation easement status. Provides that if the entire tract or parcel that is subject to a conservation easement is condemned, the damage to the property is the market value of the property’s highest and best use without consideration of the easement. Provides that if part of a tract subject to a conservation easement is condemned, the commissioners shall determine damage by estimating the extent of the injury and benefit to the owner based on the property’s highest and best use without the easement status and including the effect of the taking on the owner’s remaining property, based on the remainder’s highest and best use without consideration of the easement.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

---

SB 202

Eckhardt, Sarah

Increase rent before the end lease term

Bill History:

02-15-23 S Introduced and referred to committee on Senate Local Government

---

SB 203

Eckhardt, Sarah

Prioritization pregnant individual’s health

Companions:

HB 1490 Plesa, Mihaela (F) (Identical) 1-20-23 H Filed

Remarks:

(AS FILED 11/14/22) Requires a physician or health care practitioner to prioritize the health of a pregnant patient over the health of the fetus when recommending a health care treatment for the patient, regardless of whether the treatment poses a risk of injury or death to the fetus. Provides that the pregnant patient may refuse such treatment and treatment can only be given with the patient’s informed consent. Provides for an administrative penalty against a physician or practitioner for violations.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

---

SB 204

Eckhardt, Sarah

Prohibition employment discrimination

Companions:

HB 698 Rosenthal, Jon (Refiled from 87R Session) SB 578 Eckhardt, Sarah (F) (Refiled from 87R Session) HB 722 Rosenthal, Jon (Identical) 11-16-22 H Filed

Remarks:

(AS FILED 11/14/22) Amends Chapter 21, Labor Code, to prohibit employment discrimination against a person on the basis of the person’s marital status, the use of assisted reproduction to become pregnant, the use of contraception or a specific form of contraception, or the obtainment or use of any other health care drug, device, or service relating to reproductive health. Includes discrimination against the employee, the employee’s spouse or partner, the employee’s dependent, and any other member of the employee’s family or household. Declares void an unenforceable a mandatory arbitration provision that limits the reproductive decisions of an employee, employee’s spouse or partner, employee’s dependent, or any other member of the employee’s family or household. Applies to labor organizations and employment agencies. Adds discrimination based on reproductive decisions everywhere in Chapter 21 that bars discrimination based on race, color, sex, national origin, religion, age, or disability.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

---

SB 220

Bettencourt, Pa

Enforcement laws relating to elections

Companions:

HB 549 Swanson, Valoree (Identical) 2-23-23 H Introduced and referred to committee on House Elections

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 227

Eckhardt, Sarah

Repeal of abortion laws

Remarks:

(AS FILED 11/14/22) Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 230

Hinojosa, Chuy

Texas Windstorm Insurance Association

Remarks:

(AS FILED 11/15/22) Requires a member of the board of directors or a subcommittee of the board of TWIA to recuse himself or herself from a vote on a matter, if the member is employed by an entity that may benefit from the outcome of the vote or holds a financial or personal interest in an entity that may financially benefit from the outcome of the vote.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Business and Commerce

---

SB 240

Campbell, Donna

Workplace violence prevention health

Companions:

HB 112 Howard, Donna (Identical) 2-23-23 H Introduced and referred to committee on House Public Health

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

---

SB 242

Middleton, Maye

Prohibited cooperation state, local entitiies

Remarks:

(AS FILED 11/17/22) Bars a state agency or political subdivision from cooperating with a federal government agency to implement an agency rule that the attorney general has identified as violating a citizen’s federal constitutional rights.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 243

Johnson, Nathan

Remote participation certain proceedings

Companions:

HB 698 Neave Criado, Victoria (Identical) 2-23-23 H Introduced and referred to committee on House Juvenile Justice and Family Issues

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 250

Hall, Bob

Provision professional liability insurance

Companions:

HB 2693 Toth, Steve (Refiled from 87R Session)

Remarks:

(AS FILED 11/28/22) Prohibits a physician or health care provider from providing care for the purpose of transitioning a child’s biological sex. Prohibits a professional liability insurance policy issued to a physician or health care provider from covering damages arising from the provision of such care. Makes the provision of such care a prohibited practice under § 164.052, Occupations Code.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SB 258

Eckhardt, Sarah

Energy efficiency goals electric utilities

Companions:

HB 2359 Reynolds, Ron (Refiled from 87R Session) HB 4556 Anchia, Rafael (Refiled from 87R Session) SB 243 Eckhardt, Sarah (F) (Refiled from 87R Session)

Bill History:

02-15-23 S Introduced and referred to committee on Senate Business and Commerce

---

SB 265

Perry, Charles

Reports on drug-related injuries

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 274

Blanco, Cesar

Prohibition discrimination certain persons

Companions:

SB 1309 Blanco, Cesar (F) (Refiled from 87R Session)

Remarks:

(AS FILED 12/8/22) Adds Chapter 100B, Civil Practice & Remedies Code, to prohibit discrimination in public accommodations against a person because of sexual orientation or gender identity. Creates a cause of action for actual and punitive damages, attorney’s fees, court costs, and equitable relief. Also applies to a contractor or subcontractor that contracts with the state. Amends Chapter 21, Labor Code, to make it an unlawful employment practice to discriminate against a person because of sexual orientation or gender identity. Amends Chapter 301, Property Code, to prohibit a person from discriminating against a person because of sexual orientation or gender identity in the sale or rental of property.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 277

Huffman, Joan

Longevity pay for judges, prosecutors

Companions:

HB 2734 Murr, Andrew (Identical) 2-23-23 H Filed

Bill History:

02-15-23 S Introduced and referred to committee on Senate Finance

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SB 283

Eckhardt, Sarah

Workers’ compensation

Companions:

HB 776 Walle, Armando (Refiled from 87R Session) SB 305 Eckhardt, Sarah (F) (Refiled from 87R Session) HB 778 Walle, Armando (Identical) 11-21-22 H Filed

Remarks:

(AS FILED 12/14/22) Requires contractors and subcontractors to provide workers’ compensation insurance for their employees.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Business and Commerce

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SB 291

Johnson, Nathan

Abortion outside this state

Remarks:

(AS FILED 12/16/22) Amends § 170A.002, Health and Safety Code, to provide that direct or indirect assistance provided to an individual for traveling outside the state to obtain an abortion does not constitute a prohibited abortion. Amends § 171. 208, Health and Safety Code, to grant immunity from a suit to a person who provides or intends to provide direct or indirect assistance to an individual for traveling outside the state to obtain an abortion.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 297

Hall, Bob

Hospital patients’ rights

Remarks:

(AS FILED 12/19/22) Requires hospitals to adopt and enforce a “patient’s bill of rights” with enumerated responsibilities and duties. Authorizes HHSC to assess an administrative penalty of $1,000 for each violation and allows the attorney general to sue to collect the penalty. Establishes multiple bases for civil liability against hospitals and associated health care providers.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 298

Hall, Bob

Informed consent to immunize children

Remarks:

(AS FILED 12/19/22) Creates a private right of action against a health care provider for failing to obtain an informed consent before immunizing a child. Allows recovery of attorney’s fees, court costs, investigation costs, witness fees, and deposition expenses. Provides that the cap on punitive damages does not apply to the action.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 299

Hall, Bob

Health care services and liability

Remarks:

(AS FILED 12/19/22) Requires a hospital to allow a physician who is not a member of the hospital’s medical staff to provide care or treatment to a patient at the hospital at the patient’s request. Provides that a hospital is not liable for damages resulting from treatment provided by a non-staff physician. Does not provide immunity for other hospital providers acting under the direction of a non-staff physician.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 300

Hall, Bob

Pharmacist’s refusal to dispense a drug

Remarks:

(AS FILED 12/19/22) Allows a pharmacist to refuse to dispense an abortion-inducing drug or a Schedule II-V controlled substance.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 301

Hall, Bob

Hydroxychloroquine sulfate dispensing

Remarks:

(AS FILED 12/19/22) Prohibits a health care licensing agency from taking adverse action against a health care provider or pharmacist that prescribes, dispenses, administers, or otherwise provides ivermectin or hydroxychloroquine to a patient. Prohibits a pharmacist from contacting a provider to dispute the efficacy of those drugs. Provides immunity to providers for negligence.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 302

Hall, Bob

Employer civil liability vaccine requirement

Remarks:

(AS FILED 12/19/22) Creates a private cause of action by an employee or the employee’s legal representative against an employer for damages arising from adverse health events resulting from the employer’s vaccine requirement for employees. Allows recovery of attorney’s fees and costs. Provides that the exclusive remedy of workers’ compensation does not apply to the action.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 303

Hall, Bob

Discrimination based on immunization status

Remarks:

(AS FILED 12/19/22) Prohibits a health care provider who participates in Medicaid or CHIP from refusing services to an individual based on failure to obtain a vaccination for a particular infectious or communicable disease. Requires the commission to disenroll a provider who does so.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 304

Hall, Bob

Prohibited immunization status discrimination

Remarks:

(AS FILED 12/19/22) Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit pl an from discriminating against a provider based on the vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child. Bars the state or a local government from requiring vaccines. Bars a health care provider from disclosing a person’s vaccination history. Abolishes all child vaccine requirements.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 305

Hall, Bob

Vaccine administration requirements

Remarks:

(AS FILED 12/19/22) Imposing new reporting requirements on a person who administers a vaccine. Subjects a person who violates the reporting requirements to disciplinary action by the appropriate licensing agency. Creates a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs. Requires a school, institution of higher education, child care facility, state public health official, medical service, long-term care provider, and employer to accept a health exemption from a vaccine requirement without question. Provides for disciplinary action against a license holder and a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 307

Hall, Bob

Public health emergencies

Remarks:

(AS FILED 12/19/22) Prohibits the state or a local government from enforcing or providing assistance to a federal official or agency with respect to enforcing federal law responding to a federally declared public health emergency and imposing a prohibition, restriction, or other regulation that does not exist under Texas law. Cuts state money to a political subdivision that enforces a federal law. Provides a complaint procedure and enforcement by the attorney general with cost and attorney’s fee recovery.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 308

Hall, Bob

Prohibited vaccination status discrimination

Remarks:

(AS FILED 12/19/22) Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s COVID-19 vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on COVID vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit plan from discriminating against a provider based on the COVID vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on COVID vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on COVID vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated for COVID or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on COVID vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a COVID vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child for COVID. Bars the state or a local government from requiring COVID vaccines. Bars a health care provider from disclosing a person’s COVID vaccination history.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 309

Hall, Bob

COVID-19 prevention treatment information

Remarks:

(AS FILED 12/19/22) Requires a health care provider who performs a viral COVID-19 test on an individual to, at the time of the test, provided a printed or electronic copy of a brochure published by the State Department of Health Services.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 310

Hall, Bob

Limitations on health directives

Companions:

HB 4197 Slaton, Bryan (F) (Refiled from 87R Session) SB 1673 Hall, Bob (Refiled from 87R Session)

Remarks:

(AS FILED 12/19/22) Prohibits the governor or state agency from issuing a health directive in a declared public health emergency that is more stringent than public health directives for undocumented immigrants.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 313

Hall, Bob

Sovereignty Act of Texas

Remarks:

(AS FILED 12/19/22) Establishes a committee of six House members and six senators to review federal government action to determine whether the action is unconstitutional. Requires the committee to report a determination that an action is unconstitutional to the legislature. Requires the legislature to vote on the determination and, upon approval by a majority of each house, send the determination to the governor for approval or disapproval. Provides that if the governor approves, the action is deemed unconstitutional and the secretary of state must notify Congress. Bars implementation or enforcement of an unconstitutional action. Gives the attorney general prosecution authority. Grants original jurisdiction to any state court to determine in a declaratory judgment action whether a federal action is unconstitutional.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 314

Hall, Bob

Required labeling fetal tissue products

Remarks:

(AS FILED 12/19/22) Prohibits a person from selling a fetal tissue food product, medical product, or cosmetic product (including a product “derived from research using fetal human tissue”) without a clear and conspicuous label prescribed by HHSC.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 372

Huffman, Joan

Disclosure of non-public judicial opinions

Companions:

HB 1741 Leach, Jeff (Identical) 1-26-23 H Filed

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 373

Huffman, Joan

Waller County Court at Law.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 378

Parker, Tan (F)

Enforcement criminal offenses by a DA

Companions:

HB 1350 Cook, David (Identical) 1-17-23 H Filed

Remarks:

(AS FILED 1/10/23) Imposes a civil penalty on district and county attorneys who, either by formal policy or pattern or practice, prohibit or materially limit the enforcement of a criminal offense. Gives the attorney general enforcement authority and recovery of costs and attorney’s fees.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 380

Zaffirini, Judi

Court costs for interpreters

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 390

Hall, Bob

Exclusion of certain students

Remarks:

Repeals mandatory immunizations for schools.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Education

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SB 392

Hall, Bob

Legal proceedings by school districts

Companions:

HB 2510 Cain, Briscoe (Identical) 2-17-23 H Filed

Bill History:

02-15-23 S Introduced and referred to committee on Senate Education

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SB 393

Hall, Bob

Sexual orientation, gender identity in schools

Remarks:

Creates a cause of action for damages, costs, and attorney’s fees by a parent against a school district if the district’s grievance procedure fails to resolve an issue.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Education

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SB 401

Kolkhorst, Lois

Medical staffing services in disasters

Remarks:

Prohibits price gouging by medical staffing services during a declared state of emergency. Imposes civil penalties for violations recoverable in an action brought by the attorney general. Authorizes recovery of attorney’s fees, costs, and expenses.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 403

Springer, Drew

Study on COVID vaccine side effects

Companions:

HB 1313 Burrows, Dustin (Identical) 1-12-23 H Filed

Remarks:

Requires the Health and Human Services Commission to conduct a study of adverse effects of COVID vaccines and report to the Governor and Legislature on January 1, 2024.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 417

Paxton, Angela

Electronic device filters explicit material

Companions:

HB 1936 Lozano, Jose (Identical) 2- 6-23 H Filed

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

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SB 439

Menendez, Jose

Mental health provider unprofessional conduct

Companions:

HB 407 Hernandez, Ana (Refiled from 87R Session) HB 560 Israel, Celia (Refiled from 87R Session) HB 1679 Hernandez, Ana (Identical) 1-26-23 H Filed

Remarks:

(AS FILED 1/12/23) Bars a mental health professional, in the course of providing services to a child, from attempting to change the child’s sexual orientation or gender expression or identity or to reduce the child’s attraction to a member of the same sex.

Bill History:

02-15-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 452

Menendez, Jose

Step therapy protocols

Companions:

HB 1337 Hull, Lacey (Identical) 1-13-23 H Filed

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 470

Springer, Drew

Enforcement federal laws regulating oil gas

Companions:

HB 33 Landgraf, Brooks (Identical) 2-23-23 H Introduced and referred to committee on House Energy Resources

Remarks:

(AS FILED 1/13/23) Bars a state agency or employee from contracting with or assisting a federal agency or official in the enforcement of a federal statute or regulation pertaining to oil and gas operations. Gives the attorney general enforcement authority.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

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SB 474

Springer, Drew

Minimum motor vehicle liability insurance

Companions:

HB 1716 Guillen, Ryan (Identical) 1-26-23 H Filed

Remarks:

(AS FILED 1/17/23) Raises the minimum auto liability coverage for damage to or destruction of property of others from $25,000 to $50,000, effective January 1, 2024.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Business and Commerce

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SB 476

Hughes, Bryan

Definition sexually oriented business

Companions:

HB 643 Patterson, Jared (Identical) 2-23-23 H Introduced and referred to committee on House State Affairs HB 708 Shaheen, Matt (Identical) 11-15-22 H Filed HB 1266 Schatzline, Nate (F) (Identical) 1-11-23 H Filed

Remarks:

(AS FILED 1/17/23) Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation.

Bill History:

02-17-23 S Introduced and referred to committee on Senate State Affairs

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SB 490

Hughes, Bryan

Itemized medical billing

Companions:

HB 1973 Harris, Caroline (F) (Identical) 2- 7-23 H Filed

Remarks:

(AS FILED 1/18/23) Requires a health care provider to provide an itemized billing statement if the provider requests payment from a patient for a health care service or related supply. Prohibits a provider from pursuing debt collection if the provider did not provide the itemized statement.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 501

Hughes, Bryan

Royalty interest in oil and gas lease

Companions:

HB 450 Craddick, Tom (Identical) 2-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

Remarks:

Creates a cause of action for a bad faith of an overriding royalty interest in an oil and gas lease. “Washout” means the elimination or reduction of an overriding interest by the forfeiture or surrender and subsequent reacquisition of an oil and gas lease by the same lessee). The standard for “bad faith” is knowing or intentional conduct. Remedies include actual damages, a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout, and costs and attorney’s fees. Two-year statute of limitations running from the time the claimant obtained actual knowledge of the washout.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

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SB 502

Hughes, Bryan

Recycle drill cuttings

Companions:

HB 618 Darby, Drew (Identical) 2-23-23 H Introduced and referred to committee on House Energy Resources

Remarks:

(AS FILED 1/19/23) Amends § 123.003, Natural Resources Code, to expand tort immunity for a producer of drill cuttings if: (1) the producer has a legal or contractual right to transfer the drill cuttings to an unaffiliated third-party permit holder in an arm’s length transaction, (2) the method and location of the use or disposal are not prohibited by law, contract, or other written agreement, and (3) the consequence was caused solely by the permit holder. Expands the definition ot permit holder to include a commercial oil and gas waste disposal facility.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

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SB 506

Perry, Charles

Limitation on authority of agency tax rules

Remarks:

(AS FILED 1/19/23) Adds § 2001.008, Government Code, to bar a state agency from adopting a rule that imposes a fee or a tax on items, services, privilege, or transaction without explicit authority granted by the legislature.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Finance

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SB 511

Hall, Bob

Penalties on cities that assist abortion

Remarks:

(AS FILED 1/20/23) Bars all economic and tax incentive programs authorized by the state from providing a grant or incentive to an entity that assists, refers, or otherwise encourages a woman to obtain an abortion.

Bill History:

02-17-23 S Introduced and referred to committee on Senate State Affairs

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SB 513

Hall, Bob

Medical license application verification

Remarks:

Holds the executive director of the Texas Medical Board civilly liable to a claimant, including a decedent’s estate, allegedly injured by a physician for failing to verify that the physician was eligible for a license, provided that the alleged conduct constitutes grounds for a health care liability claim under Chapter 74, CPRC, and involved the same type of conduct for which the physician was ineligible for the license. Requires the executive director to have committed gross negligence or intentional misconduct in failing to verify and that the physician was issued the license as a result of the failure to verify. Requires the executive director to review the National Practitioner Data Bank or Healthcare Integrity and Protection Data Bank and information from other state medical licensing agencies before verifying the accuracy of the information in the application.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 514

Hall, Bob

Texas Medical Board disciplinary action

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 520

West, Royce

Witness protection materials

Companions:

HB 1814 Gonzalez, Jessica (Refiled from 87R Session) SB 508 West, Royce (Refiled from 87R Session)

Remarks:

(AS FILED 1/20/23) Adds § 30.0065, CPRC, to bar a party in a civil case from producing or releasing material (1) received, made, or kept by an agency or program with the primary purpose of protecting, securing, or relocating witnesses, or (2) in the possession of the state and relating to the protecting, securing, or relocating a witness by an agency or program. Requires the trial court to place any material reviewed in camera under seal of the court to preserve the material for appellate review. Given a prosecutor or other attorney representing an agency or program standing in any civil action to oppose the disclosure of such information. Creates a Class A misdemeanor for unlawful disclosure of the material.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Criminal Justice

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SB 541

Campbell, Donna

Barring vendors from state contracts

Bill History:

02-17-23 S Introduced and referred to committee on Senate Business and Commerce

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SB 552

Campbell, Donna

Foreign owned company land sales

Remarks:

(AS FILED 1/23/23) Bars a person from entering into an agreement related to agricultural land with a citizen of China, North Korea, Iran, Russia or other country designated by the governor.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Business and Commerce

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SB 554

Hughes, Bryan

Appraisal procedure disputed losses under

Companions:

HB 2534 Clardy, Travis (Refiled from 87R Session) SB 1706 Blanco, Cesar (F) (Refiled from 87R Session) HB 1437 Clardy, Travis (Identical) 1-18-23 H Filed

Bill History:

02-17-23 S Introduced and referred to committee on Senate Business and Commerce

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SB 555

Perry, Charles

Regulation pharmacies

Remarks:

(AS FILED 1/23/23) Requires a person who owns 50 or more licensed pharmacies to ensure that each location is open to the public for at least six hours on a weekend, exluding a weekend including a federal holiday. Imposes administrative penalties for violations.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Business and Commerce

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SB 559

Hughes, Bryan

License to practice law in this state

Remarks:

(AS FILED 1/23/23) Creates a cause of action for injunctive relief against the State Bar of Texas for adopting a rule or imposing a penalty in violation of a licensee’s or applicant’s free exercise of religion, political or ideological views, social views, or other expressive speech.

Bill History:

02-27-23 S Meeting set for 11:00 A.M., SENATE CHAMBER – Senate State Affairs

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SB 563

Sparks, Kevin (

Municipal and county employment benefits

Companions:

SB 14 Creighton, Brandon (Refiled from 87R Session) HB 121 Vasut, Cody (Identical) 2-23-23 H Introduced and referred to committee on House State Affairs

Remarks:

(AS FILED 11/14/22) Prohibits a city or county from adopting or enforcing an ordinance or other rule or policy that exceed or conflict with federal or state law relating to employment issues, including leave, hiring practices, benefits, scheduling practices, or other terms of employment.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Business and Commerce

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SB 569

Springer, Drew

Municipal records of certain civil actions

Companions:

HB 2331 Stucky, Lynn (Identical) 2-14-23 H Filed

Bill History:

02-17-23 S Introduced and referred to committee on Senate State Affairs

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SB 570

West, Royce

Housing discrimination based on income source

Companions:

HB 1470 Rodriguez, Eddie (Refiled from 87R Session) SB 265 West, Royce (Refiled from 87R Session)

Remarks:

(AS FILED 1/24/23) Prohibits housing discrimination based on source of income.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Business and Commerce

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SB 575

Gutierrez, Rola

Waiver of immunity certain causes of action

Bill History:

02-17-23 S Introduced and referred to committee on Senate State Affairs

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SB 603

Hughes, Bryan

Juvenile curfews

Companions:

HB 561 Israel, Celia (Refiled from 87R Session) HB 1819 Cook, David (Identical) 2- 3-23 H Filed

Bill History:

02-17-23 S Introduced and referred to committee on Senate Criminal Justice

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SB 604

King, Phil (F)

Landman services

Companions:

HB 1915 Hefner, Cole (Identical) 2- 3-23 H Filed

Bill History:

02-17-23 S Introduced and referred to committee on Senate Natural Resources/Economic Development

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SB 611

Johnson, Nathan

Regulation senior living facilities

Companions:

HB 1100 Johnson, Julie (Identical) 12-22-22 H Filed

Remarks:

(AS FILED 1/26/23) Requires a senior living facility to conduct criminal background checks on employees and to require contractors to conduct background checks on their employees who will have access to the facility. Requires the facility to report all criminal activity to law enforcement. Prohibits the facility from preventing or inhibiting a resident from communicating with law enforcement, family member, social worker, or other interested person regarding the safety or security of the facility. Prohibits the facility from preventing a law enforcement officer from entering a common area of the facility to conduct a voluntary interview with a resident as part of an investigation of criminal activity at the facility. Prohibits a lease, rental, or purchase agreement with a resident from waiving liability, requiring arbitration, or controlling the content or execution of the resident’s advance directive or testamentary documents. Imposes civil liability for damages to a resident for violations or failure to implement a safety policy or procedure and exempts actions from Chapter 74, CPRC.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 620

Campbell, Donna

Prohibition certain business

Remarks:

(AS FILED 1/26/23) Prohibits state investment in entities that engage in scrutinized business operations with a designated significant foreign narcotics trafficker, defined as having a contract with or providing supplies to a trafficker, owning an equity share in a trafficker, being involved in a consortium or project commissioned by a trafficker, or do business with a company involved in such a consortium or project. Requires the comptroller to maintain a list of designated significant foreign narcotics traffickers and other related persons designated by the president or secretary of the treasury.

Bill History:

02-17-23 S Introduced and referred to committee on Senate State Affairs

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SB 622

Parker, Tan (F)

Prescription drug information

Companions:

HB 1754 Smithee, John (Identical) 1-26-23 H Filed

Remarks:

(AS FILED 1/26/23) Requires a health benefit plan issuer that covers prescription drugs and uses a drug formulary to disclose the formulary and up-to-date cost sharing information (as well as other information) to the enrollee or the enrollee’s prescribing provider upon request. Prohibits the issuer from delaying a response to a request, restricting communication between the provider and patient about the cash price of the drug, or interfere with or discourage access to the information (i.e., charging a fee or penalizing a provider for requesting the information.)

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 625

Campbell, Donna

Gender treatment of children

Companions:

HB 1686 Oliverson, Tom (Identical) 1-26-23 H Filed

Remarks:

(AS FILED 1/26/23) Prohibits a health plan from covering and a physician from performing a gender transitioning or gender reassignment treatment on a child. Enforcement by the attorney general and license revocation by the Texas Medical Board.

Bill History:

02-17-23 S Introduced and referred to committee on Senate State Affairs

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SB 626

Hall, Bob

Immunization exemptions

Remarks:

(AS FILED 1/26/23) Prohibits universities, schools, and day care centers from denying admission to a person if the person presents documentation that he or she has applied to the DHS for a vaccine exemption.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 634

Menendez, Jose

Prior authorization prescription drug

Remarks:

(AS FILED 1/26/23) Prohibits a health plan from requiring prior authorization of a prescription drug benefit or a prescription drug prescribed to treat a chronic or autoimmune disease.

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 666

Hall, Bob

Complaints to Texas Medical Board

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 676

Johnson, Nathan

Conditions applicable to health benefit plan

Companions:

HB 2310 Gonzalez, Jessica (Refiled from 87R Session) HB 838 Gonzalez, Jessica (Identical) 12- 1-22 H Filed

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

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SB 680

Johnson, Nathan

Certain contracting info under TPIA

Companions:

HB 2492 Capriglione, Giovanni (Identical) 2-17-23 H Filed

Bill History:

02-17-23 S Introduced and referred to committee on Senate Business and Commerce

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SB 690

Middleton, Maye

Appointment inspector general education

Bill History:

02-17-23 S Introduced and referred to committee on Senate Education

---

SB 694

Hughes, Bryan

Religious organization liability

Bill History:

02-17-23 S Introduced and referred to committee on Senate State Affairs

---

SB 700

Eckhardt, Sarah

Public health orders in schools

Bill History:

02-17-23 S Introduced and referred to committee on Senate Health and Human Services

---

SB 704

Paxton, Angela

Use of biometric markers by authorities

Bill History:

02-03-23 S Filed

---

SB 711

Perry, Charles

Real property prohibited foreign actors

Bill History:

02-06-23 S Filed

---

SB 714

Hall, Bob

Civil liability certain businesses

Bill History:

02-06-23 S Filed

---

SB 716

Alvarado, Carol

PTSD for purposes of Workers’ Comp

Bill History:

02-06-23 S Filed

---

SB 724

Lamantia, Morga

Telehealth claims

Companions:

HB 1726 Hernandez, Ana (Identical) 1-26-23 H Filed SB 1043 Blanco, Cesar (Identical) 2-17-23 S Filed

Bill History:

02-06-23 S Filed

---

SB 751

Flores, Pete

Offenses against a child

Companions:

HB 206 Johnson, Ann (Identical) 2-23-23 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

Bill History:

02-07-23 S Filed

---

SB 784

Birdwell, Brian

State regulation of greenhouse gas emissions

Companions:

HB 2211 Landgraf, Brooks (Identical) 2-13-23 H Filed

Bill History:

02-08-23 S Filed

---

SB 796

Middleton, Maye

Arbitration surplus lines insurance

Bill History:

02-09-23 S Filed

---

SB 799

Springer, Drew

First responder benefits

Bill History:

02-09-23 S Filed

---

SB 802

Hughes, Bryan

District judge salaries

Bill History:

02-09-23 S Filed

---

SB 803

Hughes, Bryan

Damages under government construction contract

Companions:

HB 2265 Leach, Jeff (Identical) 2-13-23 H Filed

Bill History:

02-09-23 S Filed

---

SB 807

Paxton, Angela

Health benefit plan coverage prescription

Companions:

HB 2651 Gonzalez, Jessica (Refiled from 87R Session) HB 916 Ordaz Perez, Claudia (F) (Identical) 12- 8-22 H Filed

Bill History:

02-09-23 S Filed

---

SB 814

Creighton, Bran

Preemption municipal county regulation

Companions:

HB 2127 Burrows, Dustin (Identical) 2- 9-23 H Filed

Bill History:

02-09-23 S Filed

---

SB 815

Springer, Drew

Livestock land liability limits

Bill History:

02-09-23 S Filed

---

SB 826

Hughes, Bryan

Parent access to child’s health records

Bill History:

02-10-23 S Filed

---

SB 831

Flores, Pete

Inservice training on identifying abuse

Companions:

HB 233 Murr, Andrew (Identical) 2-23-23 H Introduced and referred to committee on House Public Health

Bill History:

02-10-23 S Filed

---

SB 833

King, Phil (F)

Insurance ratemaking

Companions:

HB 1239 Oliverson, Tom (Identical) 1- 9-23 H Filed

Bill History:

02-10-23 S Filed

---

SB 845

Blanco, Cesar

Affirmative defense to TCEQ

Companions:

SB 684 Blanco, Cesar (F) (Refiled from 87R Session)

Bill History:

02-10-23 S Filed

---

SB 873

King, Phil (F)

Residential construction liability

Companions:

HB 2022 Leach, Jeff (Identical) 2- 8-23 H Filed

Bill History:

02-13-23 S Filed

---

SB 878

Eckhardt, Sarah

Prohibition housing discrimination

Bill History:

02-13-23 S Filed

---

SB 896

Hughes, Bryan

Automatic stay certain appeals

Companions:

HB 2781 Leach, Jeff (Identical) 2-23-23 H Filed

Bill History:

02-14-23 S Filed

---

SB 900

Hughes, Bryan

Reimbursement appellate justices

Bill History:

02-14-23 S Filed

---

SB 901

Nichols, Robert

Civil actions re tranport network companies

Companions:

HB 1745 Leach, Jeff (Identical) 1-26-23 H Filed

Bill History:

02-14-23 S Filed

---

SB 913

Gutierrez, Rola

Liability insurance firearm ownership

Bill History:

02-14-23 S Filed

---

SB 930

Middleton, Maye

Court opinions.

Bill History:

02-14-23 S Filed

---

SB 939

King, Phil (F)

Statutes limitation repose claims arising out

Companions:

HB 2024 Leach, Jeff (Identical) 2- 8-23 H Filed

Bill History:

02-14-23 S Filed

---

SB 945

Kolkhorst, Lois

Health care cost information

Bill History:

02-15-23 S Filed

---

SB 974

West, Royce

Prohibiting certain requirements in leases

Bill History:

02-16-23 S Filed

---

SB 986

Creighton, Bran

Authority government to regulate evictions

Companions:

HB 2035 Slawson, Shelby (Identical) 2- 8-23 H Filed

Bill History:

02-16-23 S Filed

---

SB 989

Huffman, Joan

Health benefit plan coverage biomarker tests

Bill History:

02-16-23 S Filed

---

SB 1003

Johnson, Nathan

Disclosure requirements health care provider

Companions:

HB 1902 Smithee, John (Identical) 2- 3-23 H Filed

Bill History:

02-17-23 S Filed

---

SB 1014

Hughes, Bryan

Restrictions on use disclosure genetic

Bill History:

02-17-23 S Filed

---

SB 1017

Birdwell, Brian

Authority political subdivision to regulate

Companions:

HB 2374 Landgraf, Brooks (Identical) 2-15-23 H Filed

Bill History:

02-17-23 S Filed

---

SB 1024

Kolkhorst, Lois

Public health

Bill History:

02-17-23 S Filed

---

SB 1025

Kolkhorst, Lois

Vaccine documentation

Bill History:

02-17-23 S Filed

---

SB 1026

Kolkhorst, Lois

Vaccine status discrimination

Bill History:

02-17-23 S Filed

---

SB 1029

Hall, Bob

Public funding gender modification liability

Bill History:

02-17-23 S Filed

---

SB 1031

Hall, Bob

Child sexual behavior surveys

Bill History:

02-17-23 S Filed

---

SB 1033

Perry, Charles

Eligibility injured employee lifetime income

Companions:

HB 2468 Burrows, Dustin (Identical) 2-17-23 H Filed

Bill History:

02-17-23 S Filed

---

SB 1034

Middleton, Maye

Public nuisance torts

Bill History:

02-17-23 S Filed

---

SB 1041

Hughes, Bryan

Unlawful employment practices based on sexual

Companions:

HB 1999 Johnson, Julie (Identical) 2- 7-23 H Filed

Bill History:

02-17-23 S Filed

---

SB 1042

Hughes, Bryan

Oral releases automobile insurance claims

Companions:

HB 150 Johnson, Julie (Identical) 2-23-23 H Introduced and referred to committee on House Insurance

Bill History:

02-17-23 S Filed

---

SB 1045

Huffman, Joan

The Fifteenth Court of Appeals

Bill History:

02-21-23 S Filed

---

SB 1060

Hughes, Bryan

Adoption political shareholder proposals

Bill History:

02-21-23 S Filed

---

SB 1063

Schwertner, Cha

Additional judicial district Bastrop County

Bill History:

02-21-23 S Filed

---

SB 1069

Kolkhorst, Lois

Aransas County courts

Bill History:

02-21-23 S Filed

---

SB 1079

Zaffirini, Judi

Establishment paid parental leave program

Companions:

HB 2604 Morales Shaw, Penny (Identical) 2-22-23 H Filed

Bill History:

02-22-23 S Filed

---

SB 1083

King, Phil (F)

Insurer restrictions duties regarding repair

Bill History:

02-22-23 S Filed

---

SB 1092

Parker, Tan (F)

Jurisdiction the supreme court and CCA

Bill History:

02-22-23 S Filed

---

SB 1137

Schwertner, Cha

Applicability insurance laws to pharmacy

Companions:

HB 2021 Oliverson, Tom (Identical) 2- 8-23 H Filed

Bill History:

02-23-23 S Filed

---

SB 1139

Schwertner, Cha

Definition emergency care purposes of health

Companions:

HB 1236 Oliverson, Tom (Identical) 1- 9-23 H Filed

Bill History:

02-23-23 S Filed

---

SB 1141

Schwertner, Cha

Use extrapolation by health maintenance

Companions:

SB 519 Schwertner, Charles (Refiled from 87R Session) HB 895 Munoz, Sergio (Identical) 12- 7-22 H Filed

Bill History:

02-23-23 S Filed

---

SJR 15

Johnson, Nathan

Repeal marriage amendment

Companions:

HJR 58 Beckley, Michelle (Refiled from 87R Session) HJR 61 Johnson, Julie (Identical) 12- 9-22 H Filed

Remarks:

(AS FILED 11/14/22) Repeals Art. I, § 32, Texas Constitution, which provides that marriage consists only of the union between one man and one woman.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SJR 21

Eckhardt, Sarah

Reproductive autonomy

Companions:

HJR 62 Goodwin, Vikki (Identical) 12- 9-22 H Filed

Remarks:

(AS FILED 11/14/22) Proposes an amendment to Art. I, Texas Constitution, to recognize an individual’s reproductive choice.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SJR 23

Eckhardt, Sarah

Governmental intrusion into private life

Remarks:

(AS FILED 11/14/22) Proposes an amendment to Art. I, Texas Constitution, to recognize an individual right to be free from governmental intrusion or interference into the individual’s private life.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SJR 25

Johnson, Nathan

Initiatives and referenda

Remarks:

(AS FILED 12/16/22) Adds §§ 1A, 1B, Texas Constitution, to reserve to the people the powers of initiative and referendum. Requires at least 5% of the total number of voters received by the governor in the most recent gubernatorial election statewide and in each senate district to sign a petition for a statutory change. Requires 6% for a constitutional change.

Bill History:

02-15-23 S Introduced and referred to committee on Senate State Affairs

---

SJR 40

Hinojosa, Chuy

State justices and judges

Companions:

HJR 107 Price, Four (Identical) 2- 8-23 H Filed

Bill History:

02-07-23 S Filed

---

SJR 54

Middleton, Maye

Judge signature on opinion

Bill History:

02-21-23 S Filed

 

Total Bills: 553

 

 

 

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